91. Posting Lab - online workshop

91. Posting Lab, will be held on November 23. Participation only online as always on the zoom platform. Workshops only in Polish. We would like to remind you that there has been a change in the form of registration for the workshop. In order to sign up for the Lab, we kindly ask you to fill out the registration form by clicking on REGISTRATION

The workshop is prepared for practitioners of posting, both those beginning to work in this area and experienced ones. We also invite (always free of charge) representatives of the Social Insurance Institution processing applications for the issuance of A1 certificates, as well as those cooperating with liaison institutions of other member states in response to inquiries to verify the conditions for insured persons to remain under Polish legislation. Academics are also invited. The Posting Lab will be led by ELMI Vice President Dr. Marek Benio.

Workshop topics

Determining the legislation applicable to social security in various cross-border situations. Coordination of systems, the principle of a single legislation, the principle of lex loci laboris and the conditions for deviating from it in favor of not transferring insured persons between systems of different countries. The ability to consciously direct the conditions for the application of specific legislation. Full compliance with the law. The pitfalls of temporarily working in another member state and the pitfalls of working in two or more member states.

Programme

1. What is an A1 document and how do I obtain one?

2. One legislation at a time – just which one?

• Lex loci laboris – exceptionally applied general principle

3. Posted or dispatched worker (Article 12)

• Prior subjection – on the basis of work and on the basis of residence
• Will the student get an A1? What if he/she is an AU citizen?
• Normal operations (employers) in Poland – turnover, contracts, recruitment and others
• Non-replacement
• 24 months posting, 2 months break

4. Work in two countries (Art. 13)

• Alternation and non-alternation
• Many employers
• Marginality of work
• Planning and reference periods

5. Exceptional agreement

6. Briefly on the draft amendment of the regulations on the coordination of social security systems: turnover requirement at thirteen, liberalisation of substitution, restriction of the retrospective issuing of A1 certificates.

7. Facilitation:

• Electronic application for A1
• A1 ZUS validator
• ESSPASS – project of the European Social Security Charter (A1 in qr code).

If there is enough time we will establish the contribution base :). Following the principle that it is better to learn from others’ mistakes, the topics of the workshop will be illustrated by CJEU case law in cases such as A-Rosa, Alpenrind, Walltopia, Balandin, among others.

Practical information

91. Posting Lab will be held on Thursday, November 23 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 November 20. 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.