Topics

A temporary employment undertaking or an employment agency may hire (lend) workers to a user undertaking established or operating in the territory of a Member State other than that in which the agency is established. This form of posting of workers is also based on the freedom to provide services, but it is the hiring of the workers itself that is the object of the service in this case. In 2024, the European Labour Office (ELA) is looking specifically at this service. The platform to combat undeclared work organised a special session on the lending of third-country nationals in February. During the Workshop, we will present the conclusions of this meeting, discuss the differences between so-called process (service) outsourcing and personnel outsourcing, the possibilities of chain posting and the conditions for the lending of third-country nationals.

Programme

1. Autonomy of legal concepts of EU legislation: temporary work agency, employment agency, regular employer, lending of workers, temporary work, hiring of workers

2. Licences, registers, guarantees and safeguards required in selected host countries

3. Prohibition of the lending of workers in selected sectors

4. Difference between the provision of a service and the hiring of workers (in EU law and in selected national legislation). Which outsourcing? Consequences of incorrect classification of a service

5. Temporary employment abroad

• choice of legislation,
• mandatory legislation,
• principle of superiority,
• principle of equal treatment

6. Chain posting – posting by a user employer to the territory of another Member State (A-A-B | A-B-B | A-B-C)

7. Posting of foreign workers

For whom?

We invite delegation practitioners who in their daily professional work organise employee travel abroad. This time, in particular managers from employment agencies and temporary work agencies. We also invite those responsible in companies for the correct posting of workers in the framework of the provision of services (other than the hiring of staff), due to the blurred line between the lending of personnel and the performance of a service with own personnel.We invite business advisers, lawyers, researchers and representatives of ZUS and PIP.

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