As of 1 July 2023, the obligation to declare cross-border lending employees to Germany to customs will fall on the lending company and not, as before, on the user. This raises a lot of questions not only from employment agencies – which goes without saying – but also from companies offering outsourced services, whose employees posted to Germany perform work at the service recipient’s facility or at a location designated by the service recipient.
Other significant changes concern the Federal Labour Agency’s requirements for the necessary data in the employee lending agreement and the possibility to keep time accounts for lent employees. The lending company’s obligation to inform employees has also been extended.
These changes require a serious modification of the preparation for the correct lending of employees to Germany. During the workshop, attorney Beata Donay will explain what the new obligations are, who is responsible for their implementation and what sanctions may be imposed for their omission. Above all, she will explain what steps Polish companies need to take in order to properly comply with the new obligations.
- Shifting the obligation to declare cross-border lending to Germany to the lending company to the customs office
a. Regulatory change and practical implications for lending employers
b. Notification procedure
i. necessary data in the application
ii. choosing the right form of notification
iii. obligation to notify data changes
c. Liability and sanctions
- New requirements of the Federal Employment Agency regarding the content of the employee lending contract
- To comply with the obligation to concretise and inform employees
a. The right way to concretise employees before lending them out
b. Broadened requirements for the content of the information provided to the employee
c. Consequences of non-compliance with the concretisation and information obligation
- Conditions for keeping working time accounts for leased employees – new requirements of the Federal Employment Agency
a. conditions for introducing a working time account
i. in the case of the application of collective agreements in the temporary agency work sector (iGZ-DGB or BAP/DGB Tarifverträge Zeitarbeit)
ii. when applying the principle of equal treatment (equal treatment, equal pay)
b. Rules for keeping a working time account
- Obligation to pay inflation compensation premium for lending workers to certain industries
The 89th Posting Lab is addressed to managers, HR professionals, lawyers – practitioners of employee lending to Germany. Due to the high risk of qualifying services other than employee lending (e.g. process outsourcing) as illegal assignment of employees, we warmly invite service providers whose employees posted to Germany perform work in cooperation with employees of the party ordering the service. We also invite employees of control institutions and researchers of the freedom to provide services in the EU.
Ask a question
Posting Labs workshops are interactive. Their aim is to exchange practical experiences and share knowledge. Questions asked in advance will be answered first by the presenters.
The 89th Posting Lab will take place online only on the zoom platform on Friday 29 September from 12:00 to 15:00.
Free of charge participation for academics and public administration on condition that no commercial activity related to the subject of the workshop is carried out.
A link to the webinar will be sent to the email address indicated in the application no later than one hour before the start. We are waiting for applications until 22 September. Please send them to the following e-mail address firstname.lastname@example.org.
Workshop regulations available HERE.