Archiwa work abroad - Crede Experto

Taking into account the length of posting, the legislation allows to distinguish two types of secondment: short-term posting and long-term one. The provisions attach different legal consequences to each of the indicated types of secondment. For this reason, it’s extremely important to understand the difference between short-term posting and long-term one.

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A foreign employer sending employees to work in Austria is obliged to notify this fact to the appropriate Austrian authorities. Failure to comply with this obligation constitutes a violation of the law and may result in very serious consequences.

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A Polish tax resident is obliged to settle in Poland on all his/her income/revenue, regardles of the location of the sources of revenue. This means that the tax payer should also include income/revenue obtained abroad in the annual return. The PIT/ZG annex “Information on the amount of income/revenue from abroad and tax paid for the tax year” will be helpful in fulfilling this obligation.

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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 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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In order for periods of employment, insurance or self-employment in Poland to be taken into account when applying for unemployment benefit in an EU, EEA country other than Poland, in the United Kingdom or Switzerland, it’s necessary to present a U1 certificate to the institution competent in matters of unemployment. Such a document is also needed when an unemployed person who provided work in one of the EU, EEA countries, in the UK or Switzerland applies for unemployment benefit in Poland. In this article, we will explain what the U1 certificate is and how to obtain it.

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The Netherlands has become a very attractive destination for employees, including temporary workers. Therefore, more and more temp agencies decide to expand their activity to this country and register there. This article describes the most important issues related to setting up a temporary employment agency in the Netherlands.

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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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When determining the tax base for the remuneration of an employee who has temporarily performed work abroad, the employer may reduce it by 30% of the value of the daily allowances. However, there are many conditions for benefitting of this exemption. It is worth knowing them in order not to expose oneself to inconveniences of the Tax Office.

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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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News

2024July

BETRIEBSNUMMER

Employers paying social security contributions on workers’ wages in Germany are required to have a Betriebsnummer. The obligation in question is incumbent on both German and foreign employers. Therefore, Polish employers wishing to engage workers for whom social security contributions will be paid in Germany are also obliged to have a Betriebsnummer.

2024June

KINDERBIJSLAG

Persons who perform work in the Netherlands can benefit from various allowances granted by the government of this country. The Kinderbijslag child benefit constitutes one of such co-financing. In this article, we explain what Kinderbijslag is, as well as we present other important issues related to this topic.

2024June

SHORT-TERM AND LONG-TERM POSTING

Taking into account the length of posting, the legislation allows to distinguish two types of secondment: short-term posting and long-term one. The provisions attach different legal consequences to each of the indicated types of secondment. For this reason, it’s extremely important to understand the difference between short-term posting and long-term one.

2024May

BUAK

Germany isn’t the only country with a holiday pay fund. A similar institution operates in Austria. Its purpose is to protect the interests and holiday rights of workers in the construction sector. Due to the fact that both employees directly hired in Austria and those posted to this country are subject to the building fund, we will tell you how the Austrian holiday pay fund functions and what claims workers are entitled to.

2024May

ZORGTOESLAG

Persons living and working in the Netherlands are obliged to have health insurance in this country and to pay the appropriate contributions. If income obtained is low, it’s possible to apply for a special allowance to reduce the costs of paying for such insurance. This is the Zorgtoeslag health care allowance which constitutes the subject of our article.

2024April

DECLARATION OF POSTING TO AUSTRIA

A foreign employer sending employees to work in Austria is obliged to notify this fact to the appropriate Austrian authorities. Failure to comply with this obligation constitutes a violation of the law and may result in very serious consequences.

2024April

AMENDMENT OF THE PROVISIONS CONCERNING BTP CARDS

Every construction industry employee seconded to work in France should have the BTP Card. This document constitutes a proof of professional identity. It is also intended to counteract illegal employment in the construction industry. On 1 April 2024, a major change to the provisions concerning BTP Cards came into force. Below we will briefly explain its most important assumptions.

2024March

PIT/ZG ANNEX

A Polish tax resident is obliged to settle in Poland on all his/her income/revenue, regardles of the location of the sources of revenue. This means that the tax payer should also include income/revenue obtained abroad in the annual return. The PIT/ZG annex “Information on the amount of income/revenue from abroad and tax paid for the tax year” will be helpful in fulfilling this obligation.

2024March

TAXATION OF DIVIDENDS PAID TO A NON-RESIDENT INDIVIDUAL

Revenue from dividends paid to partners/stockholders who are individuals is subject to personal income tax. The rules for the taxation of dividends paid to Polish tax residents dont’rise doubt. On the other hand, many questions arise in the event that the dividend is to be paid to a person without tax residence in Poland.

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.

Company Advice

2024
July

BETRIEBSNUMMER

Employers paying social security contributions on workers’ wages in Germany are required to have a Betriebsnummer. The obligation in question is incumbent on both German and foreign employers. Therefore, Polish employers wishing to engage workers for whom social security contributions will be paid in Germany are also obliged to have a Betriebsnummer.

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Magdalena Grygorowicz

Managing Director

Head of the HR and Payroll Department

Head of the HR and Payroll Department

Crede Experto