95. Posting Lab - online workshops

We would like to invite you to the 95th Posting Lab, which will be held on March 21. The topic of the workshop will be hiring out workers abroad. Participation only online as always on the zoom platform. The lab will be led by Marek Benio.

In order to sign up for the Workshop, we would very much appreciate it if you would fill out the application form by clicking on REGISTRATION

We would like to invite posting practitioners who organize employee trips abroad in their daily work. This time, in particular, managers from employment agencies and temporary work agencies. We also invite those responsible in companies for the proper delegation of employees in the performance of services (other than the service of hiring employees), and this is due to the blurred line between lending personnel and performing a service with the help of one's own personnel. We invite business consultants, lawyers, researchers and representatives of the Social Security and PIP.

Workshop topics

A temporary employment company or placement agency may hire (lend) workers to a user enterprise, established or operating in the territory of a Member State other than the one in which the agency operates. This form of posting workers is also based on the freedom to provide services, but it is the hiring of workers itself that is the object of the service in this case. In 2024, the European Labor Authority (ELA) is taking a special look at this service. The Platform to Combat Undeclared Labor held a special session on the lending of third-country nationals in February. At the Workshop, we will present the conclusions of this meeting, discuss the differences between so-called process (service) outsourcing and personnel outsourcing, the possibilities of chain posting and the conditions for lending third-country nationals.

Programme

1. Autonomy of legal concepts of EU legislation: temporary employment agency, employment agency, regular employer, lending of workers, temporary work, hiring of workers
2. Licenses, registries, guarantees and safeguards required in selected host countries
3. Ban on worker hiring out in selected sectors
4. The difference between providing a service and hiring employees (in EU law and in selected national legislation). What kind of outsourcing? Consequences of incorrect classification of the service
5. Temporariness of temporary work abroad
   • choice of legislation,
   • regulations enforcing their application,
   • principle of superiority,
   • principle of equal treatment
6. Chain posting - posting by a user employer in the territory of another member state (A-A-B | A-B-B | A-B-C)
7. Hiring out foreign workers

Practical information

The 95th Posting Lab will be held on Thursday, March 21 from 12:00 p.m. to 3:00 p.m. Participation only online as always on the zoom platform. We are waiting for applications until March 19. Payment is a condition of participation.

The cost of participation in the Workshop is 300 PLN net for Ordinary Members and employees of Supporting Members, and 750 PLN net for non-members. Academics interested in the topic of delegation of workers and employees of public administration can take part in the Workshop free of charge.

As always, we encourage discussion and questions at kontakt@labourinstitute.eu. Questions submitted prior to the event will be answered first.

The partner of the 95th Posting Lab is the Faculty of Law and Administration of the University of Gdansk.