The regulations will cover foreign truckers carrying out, among others, cabotage operations. The new regulations will enter into force on January 1st 2021.
The new legislation should ensure the same framework conditions in relative to salary terms, when Danish and foreign companies conduct runs on Danish roads.
This means that foreign transport companies have to pay drivers at the hourly wage rate according to the National Collective Agreement for the transport sector when carrying out transport operations on Danish territory.
The purpose of the law is thus to establish a cost level, which must be observed by hauliers operating in according to a Danish permit for freight or bus services, or who is posting drivers to Denmark in connection with cabotage or combined transport.
A foreign company must pay an employee an hourly wage that corresponds at least to the hourly rate, when the employee performs the following work for the company:
1) cabotage operation with goods in which the motor vehicle or the total permissible total weight of the lorry exceeds 3.5 t
2) bus cabotage, or
3) the road portion of combined transport in Denmark
Foreign companies which provide services in Denmark are subjected to notify the Register for Foreign Service Providers (RUT).
Ministry of Employment and Ministry of Transport and Housing propose a different register is introduced as notification system for transport services.
Posting notification must be made to the Danish Business Authority, and it should be done latest when the driving in question starts.
However, the scheme will, in some respects, coincide with what applies in terms of notification in RUT already, which includes cabotage services with goods, where the total permissible total weight of the motor vehicle or vehicle exceeds 3,5 t, bus cabotage and road part of combined transport when the road section is exclusively in Denmark.
The following information is expected to be filed upon notification:
1) Company name, business address and contact information
2) Information on mode of transport
3) Vehicle Identity (license plate)
4) Date of commencement and completion of driving
5) The identity and contact information of the driver, who performs that particular drive
For failing to register or incorrectly reporting a cabotage operation, a fine of 10,000 DKK will be imposed on the carrier. If it is found during the check that the driver does not receive an adequate wage for cabotage in Denmark, the penalty will be much higher, at least 35,000 DKK.