As of the 2nd of February 2022, new rules on the posting of drivers set by Directive (EU) 2020/1057 started to apply. This Directive states that drivers carrying out transport operations in Member States other than the Member State where the employer of the driver has its establishment are posted when performing the following operations:
- Cross-trade operations – transport operations carried out between two Member States, or between a Member State and a third country, none of which is the country of establishment of the operator carrying out these operations.
- Cabotage operations – understood as domestic transport operations for hire or reward carried out on a temporary basis on the territory of a Member State by an operator established in another Member States.
Local examples of who is considered to be a posted driver:
- Cross-trade operations – A Greek operator, has his driver carry out an operation between another Member States and Malta ex: carry goods from Italy to Malta. From when s/he is in the Maltese border till he finishes his/her operation, s/he is considered to be a posted driver.
- Cabotage operations – An Italian operator, has his driver and will bring merchandise to Malta. While in Malta the Italian operator will use his driver to transport goods within Malta. While the driver is carrying this operation in Malta, s/he is considered to be posted driver.
Who is not a posted driver?
A driver shall not be considered a posted worker when performing the following operations:
- International Bilateral Transport Operations in respect of passengers.
- Limited additional activities of loading or unloading
- Transit across EU Member States (no loading/ unloading operations)
- Initial or final leg of a combined transport operation
Local examples of who is not considered to be a posted driver:
- Drivers of trucks coming to Malta by Catamaran (or coming on the roro ships) do not need to be considered as posted drivers unless they conduct cabotage or cross trade operations.
- In the case of haulers operating from Genoa/ Livorno/ Salerno/ Ravenna where trailers are sent unattended on the ship, drivers operating in Italy are to be considered as posted drivers in Italy and any other Member State where they load/unload goods.
- Bilateral operations where the truck is driven from Malta to another Member State or vice-versa.
Declaration:
In case of posting of drivers, prior to the date of posting of the driver, at the latest at the commencement of the posting, the operator must submit a posting declaration to notify the competent authority in Malta of the intention to post a driver to Malta. This Declaration must be submitted by using the International Information (IMI) system. The portal may be accessed through the following link.
Assistance is also available from the European Commission’s IMI support team. They may be contacted on the following email - MOVE-POSTING-ROAD-IMI-SUPPORT@ec.europa.eu
The Declaration shall include:
- the identity of the transport operator, at least in the form of the number of the Community licence where this number is available;
- the contact details of a transport manager or other contact person in the Member State of establishment to liaise with the competent authority in Malta and to send out and receive documents or notices;
- the identity, the address of the residence and the number of the driving licence of the driver;
- the start date of the driver’s contract of employment, and the law applicable to it;
- the envisaged start and end date of the posting;
- the number plates of the motor vehicles ;
- whether the transport services performed are carriage of goods, carriage of passengers, international carriage or cabotage operations;
- any other information as may be required by the competent authority in Malta
Minimum remuneration for road transport sector drivers in Malta:
As of 2nd February 2022, posted drivers temporarily posted in Malta are entitled to National Minimum Wages Rates in the State.
For 2022, the national minimum wage per week of whole-time employees is:
Age 18 years and over - €182.83
More information on the national minimum wage may be found on the following link.