Archiwa secondment of employees - Crede Experto

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

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.

2023July

HOW HAVE PAY SLIPS IN FRANCE CHANGED SINCE 1 JULY 2023?

As of 1 July 2023, the provisions changing the salary slip template became applicaple in France. A new item has been introduced to the pay slip: “net social amount”. Seemingly, the change in question isn’t drastic. However, this modification is of a great importance in reality. Why? We will explain it later in this article.

2023July

INCREASE IN UNEMPLOYMENT BENEFITS IN FRANCE

On 1 July 2023, an increase in unemployment benefits in France occurred. The change in question is caused by very high inflation.

2023July

PLANNED AMENDMENTS TO THE POLISH PROVISIONS CONCERNING POSTING OF DRIVERS

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.

2023June

INTRA-GROUP SECONDMENT

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.

2023June

TAX CLASSES IN GERMANY

In Germany, taxpayers are divided into tax classes. Belonging to a given tax class affects the amount of income tax. Therefore, it’s worth finding out what tax classes are.

2023May

S1 DOCUMENT

The EHIC Card is the most well-known document giving entitlement to treatment abroad. It gives the right to receive medical care only to the extent necessary. This means that the scope of treatment authorised by the EHIC is quite narrow. If you are planning a longer stay abroad, it’s better to obtain a document that will guarantee the possibility to benefit from medical care services in a much wider scope than the EHIC card. The S1 document is such a certificate.

2023May

CHANGES TO WITHOLDING TAX IN FRANCE

On 1 January 2023, a significant change to the rules on French withholding tax occurred. According to the new provisions, in certain strictly defined cases, the withholding tax mechanism is replaced by the mechanism of deducting the advance directly from the taxpayer’s bank account. In this article, we will take a closer look at the new legal regulation.

Company Advice

2023
October

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.

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Magdalena Grygorowicz

Managing Director

Head of the HR and Payroll Department

Head of the HR and Payroll Department

Crede Experto