Archiwa secondment of employees - Crede Experto

As in the other EU countries, there is also an obligation in the Czech Republic to notify the posting of employees to the appropriate authority. The duty in question constitutes the implementation of the provisions of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI Regulation”).

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The employer may reduce the tax base for the remuneration of the posted worker by 30% of the value of the daily allowances. The provisions also prescribe the possibility of reducing the social security contribution base of the seconded employee. In this article, we will present the institution in question and explain how to apply it.

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In the Netherlands, as in other EU countries, there is an obligation to notify the posting of employees. Failure to comply with this obligation results in negative consequences – both for the posting employer and the counterparty to which the workers are seconded. Therefore, it’s extremely important to know how to properly make the application.

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On 23 May 2023, a draft law on the posting of drivers in road transport was adopted by the Council of Ministers. This project aims to adapt the Polish provisions related to the secondment of drivers to EU solutions included in the so-called Mobility Package. The proposed changes in Polish legal regulations cover both carriers based in Poland and drivers sent abroad by them, as well as transport companies from other countries, directing their employees to carry out road transport operations in the territory of the Republic of Poland.

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Groups of companies are created by enterprises with capital ties. These links are very strong. Therefore, it’s very common to post workers between enterprises belonging to the same group. If the secondment takes place to an entity belonging to a group of entrepreneurs and located in another Member State, it must fulfil the requirements determined in EU law.

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On 26 April 2023, the legal solutions introduced by the Act of 9 March 2023 mending the Labour Code and certain other acts (Official Journal of 2023, item 641) came into force. One of the novelties is the change concerning the scope of information on employment conditions that the employer provides to the newly engaged worker. Moreover, the employer is obliged to give appropriate information to an employee going to work or perform a professional task abroad.

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The Union legislation imposes an obligation on employers to report the posting of workers to the appropriate authorities of host countries. Therefore, each EU country has taken measures allowing to make such a notification, e.g. the SIPSI portal was created in France, and in Germany – ZOLL. Submitting a declaration is relatively easy in most countries. However, there is an exception to this rule. This is CLICLAVORO, i.e. the notification of the posting of employees to Italy.

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One of the formalities which must be completed in connection with the departure of the employees to Germany is a posting declaration to the Customs Office. The failure to respect this obligation constitutes an offence punishable by a fine.

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The German labour market is very popular among temporary workers. Therefore, many temp agencies from Poland decide to begin cooperation with user employers from the Federal Republic of Germany. However, before they start sending employees to work on the western side of Oder, they should complete numerous formalities. One of these is to obtain the authorization to lend workers in Germany.

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It may happen that it becomes necessary to derogate from the general rules for determining the applicable legislation in the field of social security. In such cases, insurance corporations of two or more Member States may conclude the exceptional agreement to modify the general rules.

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The concept of „delegation” is very often confused with „secondment”. A mistake in distinguishing these two concepts can have very serious consequences. Therefore, we will try to explain what differs a delegation from a secondment.

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The regulations require employers to report the posting of workers to the appropriate register in the destination country. In France, such a register is SIPSI, in Belgium – Limosa, in Germany – ZOLL. In Denmark, however, the declaration must be made in RUT.

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News

2024February

DECLARATION ON ENTRUSTING WORK

The legislator has provided for a special procedure for the regularisation of work in the territory of the Republic of Poland, applying for citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova and Ukraine. An employer who wants to engage a citizen of one of the above-mentioned countries may submit a declaration on entrusting work to the Labour Office. This procedure allows a quick legalisation of foreigner’s work in Poland.

2024February

PAY TRANSPARENCY DIRECTIVE

Equal pay for women and men, as well as pay transparency, constitute topics that have been appearing in social dialogue for a long time. Due to their importance, they are also of interest to the legislator, including the EU legislator. This interest resulted in the issuance of an extremely important legal act – the Pay Transparency Directive.

2024January

HOW TO LEGALISE THE WORK OF A THIRD-COUNTRY NATIONAL IN POLAND?

Hiring Indian nationals is becoming increasingly popular with employers. The rules on legalisation of work of third-country nationals, i.e. nationals of States outside the European Union, the European Economic Area and Switzerland, apply to the regularisation of their work in Poland.

2024January

ASSISTANCE FROM CREDE EXPERTO WITH FRENCH TAX SETTLEMENTS

The services offered by Crede Experto Tax Consulting Office include professional assistance with tax settlements in France. Indeed, our team is composed of specialist who will provide comprehensive support related to the settlement of French income tax. By contacting us, it’s possible to count not only on an expert advice, but also on dealing with the necessary formailites on behalf of the client.

2023December

DECLARATION OF POSTING OF WORKERS TO THE CZECH REPUBLIC

As in the other EU countries, there is also an obligation in the Czech Republic to notify the posting of employees to the appropriate authority. The duty in question constitutes the implementation of the provisions of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI Regulation”).

2023November

ELTERNGELD

Many Polish people working in Germany benefit from Kindergeld. A much less popular allowance is Elterngeld. Therefore, we will try to explain what this benefit is, how to obtain it, how long and in what amount it is paid, as well as whether it can be paid for children born in Poland.

2023October

UNIFORM PERMIT

A foreigner who would like to work legally in Poland should have a work permit and a residence one. These are two different documents. However, a special type of temporary residence authorisation exists – temporary residence and work permit, also known as a uniform permit. It legalises both the stay and work of a foreign national in Poland.

2023October

REDUCTION OF THE BASIS OF ZUS FOR POSTED WORKERS

The employer may reduce the tax base for the remuneration of the posted worker by 30% of the value of the daily allowances. The provisions also prescribe the possibility of reducing the social security contribution base of the seconded employee. In this article, we will present the institution in question and explain how to apply it.

2023September

DECLARATION OF POSTING OF WORKERS TO THE NETHERLANDS

In the Netherlands, as in other EU countries, there is an obligation to notify the posting of employees. Failure to comply with this obligation results in negative consequences – both for the posting employer and the counterparty to which the workers are seconded. Therefore, it’s extremely important to know how to properly make the application.

2023September

ZEITKONTO

Very often, persons starting work in Germany are surprised that Zeitkonto is used to settle their working time. Indeed, Polish law doesn’t provide for such a solution. For this reason, we encourage you to read our article. We explain here what Zeitkonto is.

2023August

METHODS OF AVOIDING DOUBLE TAXATION

Persons going to work in a country other than the one where they have tax residence are afraid that income earned abroad will be taxed twice, i.e. in the country of residence and in the State in which the work is carried out. In order to avoid such a situation, an appropriate method of avoiding double taxation should be used. The provisions of double taxation conventions and the provisions of relevant acts determine the method which is applicable in a given case.

2023August

DOCUMENTS ALLOWING TREATMENT IN THE EU AND EFTA STATES

Very often, people going to work in one of the EU or EFTA countries are accompanied by the fear that they won’t be able to benefit from medical assistance during their trip. These concerns are unfounded. The legislation provides for several types of documents entitling to use health care services. Below we will explain how the different documents differ from each other and to which health care services they give right.

Company Advice

2024
February

DECLARATION ON ENTRUSTING WORK

The legislator has provided for a special procedure for the regularisation of work in the territory of the Republic of Poland, applying for citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova and Ukraine. An employer who wants to engage a citizen of one of the above-mentioned countries may submit a declaration on entrusting work to the Labour Office. This procedure allows a quick legalisation of foreigner’s work in Poland.

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Magdalena Grygorowicz

Managing Director

Head of the HR and Payroll Department

Head of the HR and Payroll Department

Crede Experto