Study compares countries’ implementation of ICT Directive

IMPACT – MEDIUM

A study by Deloitte takes a comprehensive look at the European Union’s ICT Directive, comparing how individual countries have implemented the directive’s provisions and providing a detailed country-by-country breakdown of how the rules have been adopted.

The Intra-Corporate Transferees Directive, adopted in 2014 and implemented by 2016, unifies the rules for multinational companies transferring non-EU nationals to a European office in the same corporate group. Its intention was to create a single set of rules and procedures as well as ease intra-EU mobility of ICTs who are transferred to work in more than one EU country.

Key findings:

• Implementation. Of the 25 countries that opted into the directive, all but one (Belgium) have implemented the directive and transposed it into their national laws.
• Intra-EU mobility. Most countries allow for full intra-EU mobility for holders of an ICT permit issued in one country; only four countries provide for limited intra-EU mobility.
• Quotas. Most countries do not cap the number of ICT permits issued by their own authorities; eight countries do apply quotas.
• Eligibility. Seniority requirements for ICT managers and specialists have been imposed by most countries, and those requirements are usually higher than for ICT trainees.
• Salary criteria. Some countries require a specified income threshold for ICTs, while others require that ICTs meet the local labor market standard or a collective bargaining agreement, and others require only a showing of sufficient funds.
• Notification. Most countries have adopted a notification requirement, rather than a new ICT application, for incoming ICT permit holders from another EU member state.
• Spousal work rights. Many countries are moving toward easier access to work rights for family members of ICTs. Eight countries currently require a spouse or partner to apply for a work permit in their own right.
• Work at client sites. Although most countries allow ICTs to be placed at a client site, they also apply very strict rules under local labor laws.
• Cooling-off period. Most countries do not apply a cooling-off period (during which the individual must leave the country before reapplying for a new ICT permit), but nearly half of the countries that have implemented the ICT directive impose a cooling-off period of either three, four or six months.

To view the full report, including which countries have adopted the above conditions, and a detailed summary of ICT rules and processing times for each country, click here.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.