30 January, 2024

Workshop on Posting of Third-Country Nationals. Join us in person or online on 22 February!

94. Posting Lab - in-person and online workshops

Join us for the 94th Posting Lab, which will take place on 22 February. The lab will be led by Marek Benio in a hybrid format. For the stationary part we invite you to Krakow, again at the Atrium Hotel. The number of places is limited. The guest of the Workshop will be a representative from Sykom, creators of the SyKOF HR programme, whom you know from the congress village of experts and who will answer questions about digital employee accounting. Details in the article below.

If you wish to accompany us, we anticipate continuing the discussion in a less formal capacity in the evening. We strongly urge you to spend this evening together. Please confirm without obligation so that we can choose a suitable venue😊.

Workshop topics

For the purposes of our work, a third-country national means a person who is not a national of any of the Member States of the European Union, the European Economic Area or Switzerland. The posting of third-country nationals under EU law does not generally differ from the posting of other workers. Some Member States impose additional requirements regarding the legality of entry and stay on their territory for properly posted third-country nationals. These requirements always constitute a barrier to the performance of the service. Whether this barrier is justified is determined by CJEU case law. It appears that, paradoxically, the lack of separate legislation on the posting of third-country nationals allows some Member States to restrict with relative impunity the provision of services by companies from other Member States that employ foreign nationals. In addition to the usual problems of posting workers, which in each case require the resolution of conflicts between the national laws of two states in the field of 1/ labour law, 2/ social security law and 3/ taxation, in the case of foreigners there is therefore the problem of the legality of entry and residence.

Programme

  1. Conditions for proper posting (distinctiveness in the case of third-country nationals).
  2. Legalisation of stay and work in the sending state.
  3. Entry and residence - residence titles, temporary protection (extension until 4 March 2025), visa, residence card, card of the Pole, "in procedure". Extensions of the legality of stay by law vs. crossing the internal borders of the EU: employment: notification, notification, work permit, blue card; secondment of a third-country national vs. employment of a third-country national in a subsidiary company in the territory of the country of performance of the service; social insurance of foreigners - ZUS guidelines.
  4. Posting of a third-country national employed in Poland on the basis of a contract of mandate. Conditions of employment of third-country nationals.
  5. Specifics of posting by employment agencies - restrictions on posting of third-country nationals for temporary work and lending employees.
  6. Position of the German embassy on the issue of national visas "under the conditions of Vander Elst". Protection against deportations of properly posted third-country nationals.

Social part

Carnival evening in Krakow - compulsory going out on the town together for Studio participants. Please confirm. We will be happy to book a venue. Everyone pays for themselves.

Practical information

The 94th Posting Lab will take place on Thursday 22 February from 12:00 p.m. to 3:00 p.m. Participation stationary at the Atrium Hotel in Krakow or online as always on the zoom platform. We are waiting for applications until 15 February. Participation is subject to payment. Workshops held in Polish only.

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 employee delegation and public administration employees can participate in the Workshop free of charge.

As usual, we encourage discussion and questions at kontakt@labourinstitute.eu. Questions sent in advance of the event will be answered first.

Guest of the Workshop SYKOM company

During the short presentation, a SyKOF HR system expert will discuss the use of new technologies in handling expatriate employees and the production and storage of HR documentation in electronic form. During the presentation, he will touch on best practices related to calculating one payroll for an expatriate employee who works in several countries in a given month and focus on the issue of automating this process. Expert will also talk about calculating Social Security contributions and taxes for expatriate employees. They will also present the most important issues in the creation of PITs and PIT/ZG annexes for expatriate employees and contractors, and focus on how to eliminate manual input of data provided by the client into the system (intelligent algorithms downloading data from various sources, including excel files with different structures).

More information on the website: HERE
Delegations at SyKOF HR: HERE
Secondments in SyKOF HR: HERE

 

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