D15b7 - In the event of an express request from the ITM, what documents must be forwarded by the undertaking posting mobile employees to Luxembourg?

In the event of an express request from the Inspectorate of Labour and Mines, the posting undertaking is required to transmit after the posting period and at the latest eight weeks after the request, via the IMI-connected public interface, a copy of the following documents:

  1. proof of the transport operations taking place on national territory, such as an electronic consignment note (e-CMR) or the evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market;
  2. the tachograph records, and in particular the country symbols of the Member States where the mobile employee was present when engaged in international road transport operations or cabotage transport, in accordance with the requirements for registration and retention of records laid down by Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 and Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in the field of road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport;
  3. documents relating to the remuneration of the mobile employee for the period of the posting;
  4. the employment contract or any equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (repealed by Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union);
  5. time records relating to the work of the mobile employee;
  6. proof of payment for the hours referred to in point 5.

If the undertaking does not submit the requested documents within the deadline provided for in the preceding subparagraph, the Inspectorate of Labour and Mines may request, via the IMI, assistance from the competent authorities of the Member State of establishment.

Once such a request has been submitted, the competent authorities of the Member State of establishment have access to the posting declaration and other relevant information submitted by the posting undertaking via the public interface connected to the IMI.

In the event of a posting to another Member State, the Inspectorate of Labour and Mines transmits the requested documentation to the competent authorities of the Member State in which the posting took place via the IMI within twenty-five working days following the day of the request for mutual assistance.

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