Fine for failure to report posting of workers

HR News
02 Mar 2015

amendment of the danish posting of workers act focuses on serious violations of the duty to notify the register of foreign service providers.

Sabine Buhl Valentiner

Amendment of the Danish Posting of Workers Act focuses on serious violations of the duty to notify the Register of Foreign Service Providers.

Under the Danish Posting of Workers Act, foreign service providers must report various information to ‎the Danish Register of Foreign Service Providers (the RUT register) when posting workers in Denmark.‎

The purpose of this duty is to enable both public authorities and the social partners to ensure ‎compliance with the rules and conditions applying to posting of workers.‎

Failure to notify the Register is subject to a fine. S. 10a(3) of the Act already provides that when the fine ‎is assessed, it will be regarded as an aggravating circumstance if the violation is the result of wilful ‎misconduct or gross negligence or if the violation provided or was intended to provide the person in ‎question or others with a financial advantage.‎

The amendment has now added "or if the violation is otherwise of a serious nature". An example would ‎be, for instance, if the foreign service provider has already been fined for failing to notify the Register ‎or has extensively misinformed the Register.‎

According to the preparatory notes to the new Act, the level of fines in normal cases is DKK 10,000 ‎‎(approx. EUR 1,340) and that the fine will be doubled in serious cases – regardless of whether this is the ‎first violation by the foreign service provider. According to the preparatory notes, it is left to the courts ‎to set the fine based on an overall assessment of the merits of each individual case – and the fine may ‎be higher or lower than the level of fines in normal cases.‎

The amended Act will come into force on 1 March 2015.‎