Posting of workers in the framework of the provision of services

An important part of the activities of the European Labour Mobility Institute (formerly the Labour Mobility Initiative) is the organization of trainings and conferences on the subject of posting workers, which include the European Labour Mobility Congress and training workshops in the Posting Labs series. As ELMI, we organize discussions, debates and social actions to publicize cases of discrimination against Polish service companies operating in the European market and their employees, and to expand knowledge on the subject of posting workers. Since 2013, we have been promoting the mobility of services in the internal market of the European Union and building public awareness on issues related to the posting of workers. Statements by our experts regularly appear in Polish and foreign media. ELMI members are the first to receive access to up-to-date and reliable information on the changing law and its interpretation. They also have the privilege of individual consultations provided by our lawyers on legal, tax and insurance regulations within the framework of the posting of employees.

What is the posting of workers?

Posting of workers is a type of temporary labour migration. The posting of workers is based on the freedom to provide services within the European Union. A worker who performs work of a temporary nature for his or her employer in the territory of another Member State is called a posted worker. The posting of workers allows employees who go abroad to work temporarily to maintain strong family, social and economic ties with Poland. Unlike a labour migrant, a posted worker does not lose economic ties with his or her country of origin – he or she remains insured in the country and raises children here and spends most of his or her earnings.

How to legally post a worker?

In order to legally post an employee, it is necessary to familiarise oneself with the applicable laws of the country from which one is posting as well as the country to which one will be posted. Labour law and tax law are the most important in this context. In addition, it is necessary to apply to the Social Insurance Institution for the determination of the applicable social security legislation and the possible issue of an A1 form.