SERVICES


Legal consultations

 

Second legal opinion

Dealing effectively with problems arising from the application of the European legal order governing the posting of workers requires specialist knowledge from a wide range of branches and legal systems. We share this by balancing an in-depth assessment of the facts with the experience and practice of the courts and institutions of the Member States. Our team of lawyers and experts provide opinions only on disputes arising from the interpretation of EU law. For matters of public interest, we offer one-off free legal advice.

Intervention in cases of violations of EU law

We intervene in cases of violations of European law by social partners and institutions of host countries. A particular area of our interest is the informal administrative practices used for protectionist motives by some Member States. This happens most frequently in the field of cross-border labour mobility and labour and social security law services. Our interventions include assessing the extent of violations of European law and providing support to counteract and prevent their negative effects on employers and their employees.

Advice in proceedings before the CJEU

We draft preliminary questions in pending proceedings before the courts of the Member States of the European Union and participate as legal advisors in proceedings before the Court of Justice of the European Union. Our team of lawyers and experts has unique knowledge and experience gained through involvement in the legislative process of key legislation in the European Union institutions.

Q&A


No, we are not a law firm and therefore we do not represent our members. We do, however, support them in choosing an attorney abroad and in Poland if they request it. The European Institute for Work Mobility draws practical knowledge from commissioned cases, which it shares with all Members.

European Labour Mobility Institute does not prepare contracts for posted workers on behalf of Members or external entities. However, we will assess them and consult on the provisions of such contracts for each labour market. We will send you the terms and conditions of remuneration with non-members before accepting an assignment. We do not accept assignments without their acceptance.

European Labour Mobility Institute does not prepare contracts on behalf of Members or external entities. We will, however, evaluate and consult on the provisions of such contracts implemented in any European labour market. We hold online consultations and, at the Member's or third party's request, we review contractual changes made during negotiations with the counterparty. For this, we usually need information about the objectives of the project and the counterparty. We therefore contact our principals directly in this regard. The information we collect allows us to assess the risks and benefits of the project for which the contracts are to be executed using cross-border work. We are fluent in three languages, so the contract evaluation, our comments and amendments can be sent directly to the principals' counterparties. We also do not require translations of documents produced or linked to the contract.

We send the terms of remuneration with non-members before accepting an assignment. We do not accept an assignment without their acceptance or without payment of the cost agreed at this stage.

Yes. European Labour Mobility Institute supports its members and principals during working hours. We plan our activities, so we agree meeting dates and provide information on how much time we need for a particular case. Please note that we combine our commitment to our Members with the research work we do in European projects. In these, we are bound by deadlines, the observance of which is as important to us - as a group of experts - as the body of knowledge we share.

Contact

Dr Marcin Kiełbasa

Legal Advisor

marcin.kielbasa@labourinstitute.eu