Topics

For the purposes of our work, a foreigner means a person who is not a national of any Member State of the European Union, the European Economic Area or Switzerland. The posting of foreign 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 foreigners. 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 foreign 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 (specifics for foreigners)

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 legal residence by law vs. crossing internal EU borders.
✔ Employment: notification, notification, work permit, blue card.
✔ Posting of a foreigner vs. employment of a foreigner in a subsidiary company in the territory of the country of performance.
✔ Social insurance of foreigners – ZUS guidelines

4. Posting of a foreigner employed in Poland on the basis of a contract of mandate. Conditions of employment of foreigners.

5. Specificity of delegation by employment agencies – limitations in delegating foreigners for temporary work and lending employee

6. Position of the German embassy on the issue of national visas “under the conditions of Vander Elst”. Protection against deportations of properly posted foreigners.

For whom?

We would like to invite representatives of companies – practitioners in the field of posting, employees of human resources departments of companies providing services in other Member States, employees of Social Insurance Institution (ZUS), employees of voivodeship offices dealing with the legalisation of stay in Poland. We invite researchers interested in labour mobility, lawyers and business advisors, as well as representatives of social partners interested in the issues of cross-border provision of services, temporary work abroad or alternating work in several Member States.

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