Legal support

ELMI’s legal team are some of the finest experts in the European Union specialising in legal issues relating to the posting of workers in the framework of the freedom to provide services.

With a combined perspective of experienced practitioners and academics as well as a wide network of contacts in other Member States, we have unparalleled legal knowledge and skills unavailable to ordinary commercial legal advisers. Our team has successfully advised on numerous occasions in disputes before the Court of Justice of the European Union (CJEU) and the Polish Supreme Court in complex cases requiring a break with the existing line of case law.

ELMI is the only substantive forum in Europe for knowledge on the posting of workers under the freedom to provide services, connecting the communities ofentrepreneurs, employers, scientists and officials


  • You are an entrepreneur running a business in Poland but providing services in other EU countries;
  • You have Clients in other EU countries and send your workers there;
  • You want to make sure that you comply with both national and European law;
  • A control institution of another Member State accuses you of violating the law


ELMI’s experts provide specialised legal consultations in the field of EUROPEAN LAW, taking into account the Polish law as well as the national legal orders of other European Union Member States, including, among others

  • labour law
  • social security law
  • residence and employment rights of third-country nationals


ELMI boasts a team of lawyers and experts who specialise in the interpretation of EU law, drawing on expertise from a wide range of branches and systems of law, as well as on the experience and practice of the courts and institutions of the Union’s Member States. The legal opinions prepared by ELMI in this format lead to providing effective solutions to problems arising from the application of the European legal order governing the rules on the posting of workers.


ELMI formulates the so-called ‘second legal opinions’, that is, it provides opinions on issues which have already been the subject of disputes, including court litigation. Among other things, ELMI prepares the so-called ‘Amicus Curiae’ opinions containing views relevant to the resolution of court cases, taking into account the context of European law in the proceedings pending before a given court of law.


ELMI’s experts carry out audits of workers’ documents related to the posting of workers to other EU Member States. These audits may include an assessment of employment (or civil law) contracts, documents relating to terms and conditions of employment, social security, etc. The audits aim to ensure compliance with applicable EU law.


We intervene in cases of violations of European law by the social partners and the institutions of the host countries. Within the framework of its activities, ELMI monitors and identifies in particular those administrative practices applied by some Member States with protectionist motives. This happens most frequently in the field of cross-border labour mobility as well as services provided within the scope of labour and social security law. Our interventions include an assessment of the degree of violations of European law and support to counteract and prevent their negative effects on employers and their workers.


We draft questions for preliminary rulings in pending proceedings before the courts of the Member States of the European Union and participate in proceedings before the Court of Justice of the European Union as legal advisers, and our opinions are used in proceedings before that very Court. ELMI’s team of lawyers and experts has unique cutting-edge knowledge and experience gained through involvement in the legislative process of key legal acts in the European Union institutions.


As part of its statutory activities, ELMI raises awareness and knowledge of the applicable law on the posting of workers to other EU countries. It engages in the European integration activities by promoting the idea of free provision of services in the European Union. ELMI represents the interests of employers and workers in the event of violations of European Union law related to the posting of workers. It supports economic development, including entrepreneurial development by acting as a platform for the exchange of information and experiences to help create an effective framework for the posting of workers.

dr Marcin Kiełbasa


tel: +48 799 704 137

Contact me if you delegate to:
Austria, France, Italy

dr Karolina Ziemianin


tel: +48 795 586 688

Contact me if you delegate to:


You don’t have to be an ELMI member to benefit from our support


No, we are not a law firm, therefore we do not represent our members. However, we support them in choosing a representative abroad and in Poland, if they request it. The European Labor Mobility Institute draws practical knowledge from assigned cases, which it shares with all Members.

The European Labor Mobility Institute does not prepare contracts for employees delegated at the request of Members or external entities. However, we will evaluate them and consult the provisions of such contracts for each labor market. We send you compensation terms with non-members before accepting an order. We do not accept orders without their approval.

The European Labor Mobility Institute does not prepare contracts commissioned by Members or external entities. However, we will assess them and consult the provisions of such contracts implemented on each European labor market. We conduct online consultations and, at the request of the Member or an external entity, we verify changes in contracts introduced during negotiations with the contractor. We usually need information about the goals of the project and the contractor. That is why we contact our clients directly in this matter. The collected information allows us to assess the risks and benefits of the project, the implementation of which is to be carried out by contracts involving cross-border work. We speak three languages ​​fluently, so the evaluation of contracts, our comments and corrections can be sent directly to the clients' contractors. We also do not need translations of documents created or related to the contract.

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

Yes. The European Institute of Labor Mobility supports its Members and clients during working hours. We plan our activities, so we agree on meeting dates and provide information on how much time we need in a given case. Please remember that we combine our involvement in Members' affairs with the research work we carry out as part of European projects. We are bound by deadlines, the fulfillment of which is for us - as a group of experts - as important as the knowledge we share.


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