Applicable rules for posted drivers
Certain rules applies to drivers when they are posted to Denmark. The driver has the right to a minimum wage and the transport manager is obligated to register the driver in the Road Transport Portal Declaration.
The posting rules applies to foreign drivers when they are hired in a transport company that is established in another EU member state.
The driver is considered as posted, when he or she performs one of the following transportoperations
- Cabotage with goods or passengers
- The initial or final road leg of a combined transport, where both the loading- and unloading destination is in Denmark
- Non bilateral international transport (crosstrade)
Registering with a posting declaration
When a foreign transport company post a driver in Denmark, the transport manager or the operator must register the driver on Road Transport Portal Declaration, which is connected to the EU-portal for posting declarations (IMI).
The period of the posting can be registered for 1 day and up to 6 months. The posting declaration must be submitted before the transport operation begins. The operator has an obligation to register the driver and the driver has the obligation to show the posting declaration in case of roadside control.
The police and the road traffic authority carry out roadside checks
In Denmark, both the National police and the Danish Road Traffic Authority controls whether or not the operators are in compliance with the obligation to register.
When the driver is controlled on the roadside, the driver must show a valid posting declaration, either electronically or on paper form. It is important that the QR code is visible and can be scanned.
The driver also has to show documentation of the relevant transport operations that are performed in Denmark, in example with the CMR-letters. Relevant transport operations are operations where the unloading and loading destination is in Denmark and within the posting period as listed on the posting declaration.
Failure to register can be sanctioned with a fine
If the transport company does not comply with the obligation to register their driver, the national police can sanction the operator with a fine. A fine for a missing or incomplete posting declaration is as a starter dkk 10.000 the first time. The fine can be doubled the second time and every following time. The transport company is reliable and should pay the fine.
The obligation to remunerate with a minimum hourly wage
The posted driver has a right to be remunerated in accordance with national law with the minimum wage when the driver performs cabotage with goods or passengers, the initial or final road leg of a combined transport, where the loading and unloading is in Denmark. Despite being considered posting while performing non-bilateral international transports, the driver does not need to be remunerated with the minimum wage.
The driver should be remunerated with the minimum wage from the start of driving right after the loading of the goods and until the unloading begins.
The road leg will be calculated on the basis of the CMR-letter which is compared to the data from the tachograph.
The minimum wage applied to the posted drivers is equal to the salary that a Danish operator is obliged to pay for the equivalent work performed.
Different types of transport operations and the requirements that follows
Obligation to have a posting declaration
Obligation to be remunerated in accordance with Danish law
Cabotage with goods or passengers
The initial or final road leg of a combined transport, where the loading and unloading is in Denmark
Non-bilateral international transports (cross-trade)
Groups, that are not within the scope of the posting rules
- Self-employed drivers, that performs one of the transport operations that is within the scope. There must be an employment relation between the driver and the operator.
- Temporary drivers – drivers hired by temporary work agencies, there is no direct employment relation between the transport company and the driver.
- Drivers of light commercial vehicles or any vehicle above 2.5 t but under 3.5 t has the obligation to register on the RTPD, but there is no requirement to remunerate in accordance with Danish law.
Contact the Danish Road Traffic Authority
Monday: 9.00 - 14.00
Tuesday: 9.00 - 14.00
Thursday: 9.00 - 14.00
Friday: 9.00 – 13.00
+45 72 21 88 99