Topics

Traditionally, on the December staff we present planned changes in labor and social security law and assess how they will affect the posting of workers in the coming year. We review the most important legal acts already enacted: the EU, the national law of selected host countries, and the Polish law that will become binding in 2024. Next year will be dominated by two areas of importance for companies that post workers: hiring and posting foreigners and a radical change in the approach to “assignment” contracts in light of the implementation of milestones of the National Recovery Plan. We will also discuss wage increases (minimum and projected average) and their impact vs. non-wage costs of posting workers.

Programme

1. National RRF milestones and the future of the assignment contract in cross-border situations
2. Employment and posting of third-country nationals

• Determination of residence for the purpose of obtaining A1 for a third-country nationals
• Draft Law on Employment of third-country nationals (review for posting), among other things, increase in working hours or the number of working hours per week or month specified in the third-country national’s work permit, with a commensurate increase in remuneration – without amending or granting a new work permit. Necessary notification of the authority that granted the work permit.
• Implementation of Directive 2014/36/EU on the conditions of entry and residence of third-country nationals for employment as seasonal workers.
• Barriers of host countries – application, registration, additional visa.

3. Robert Lisicki (Polish Lewiatan Confederation) on important projects for changes in labour and social security law in 2024.

4. Other relevant projects (state of work)

• Minimum wage directive in the EU
  15.11.2024 – Deadline for transposition of Directive 2022/2041/EU on adequate minimum wages in the European Union
• Telework as posting. Practice in the application of Article 16(1) of Regulation (EC) No 883/2004 in cases of habitual cross-border telework – Agreement allows the legislation of the country of the employer’s seat to be determined despite a significant part of the work being carried out in the country of residence
• Wage transparency
• Protection of whistleblowers – late transposition of the Directive into Polish law
• Drivers – Mobility package in Polish legislation

5. Continued and frozen projects

• Coordination of social security schemes:
  i. turnover at thirteen (new definition of seat)
  ii. submission of an A1 application as a condition for lawful posting
  iii. liberalisation of substitution
• ESSPASS (social security passport instead of A1 – full digitisation of A1)
• E-Declaration (unification of declaration data in Limosa, SIPSI, etc.)
• [Construction services] Electronic construction entry registration in a growing number of host countries.

6. Other projects and changes submitted by ELMI members and Posting Lab participants before the workshop

For whom?

We invite representatives of companies – practitioners in the field of posting, researchers interested in labour mobility, lawyers and business advisors, representatives of social partners and NGOs as well as public administration staff professionally involved in the posting of workers.

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.

Other information

The 92nd Posting Lab will take place on Thursday 7 December from 12:00 p.m. to 3:00 p.m. Participation only stationary. We are waiting for applications until 1 December. Payment is a condition of participation. The workshop will take place at the Atrium Hotel at 7 Krzywa Street in Krakow, in a conference room on the ground floor. The Atrium Hotel is located in close proximity to the Main Railway Station (1 km).

The workshop will be held in Polish only.

Registration