Topics

Determination of the social security legislation applicable in various cross-border situations. Coordination of systems, the principle of single legislation, the principle of lex loci laboris and the conditions for deviating from it in favour of not transferring insured persons between systems of different countries. The possibility of consciously directing the conditions for the application of specific legislation. Full compliance with the law. The pitfalls of working temporarily 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.

For whom?

The workshop is prepared for practitioners of posting, both newcomers to this area and experienced ones. We also invite (always free of charge) representatives of the Social Insurance Institution (Zakład Ubezpieczeń Społecznych) processing applications for the issuance of A1 certificates and cooperating with liaison bodies of other Member States in response to enquiries about verifying the conditions for insured persons to remain within the Polish legislation. Academics are also welcome.

Ask a question

Posting Labs workshops are interactive. Their aim is to exchange practical experiences and share knowledge. Questions asked in advance at kontakt@labourinstitute.eu will be answered first by the presenters.

Speakers