Topics

The object of this Workshop is to organize the basic knowledge of social security in cross-border situations – both for posted workers and for workers performing work in two or more member states. We will present the principles of coordination of social security systems and their practical implications for determining a single legislation applicable to workers crossing the internal borders of the EU for professional purposes.

Programme

1. The principle of a single legislation. Determination of applicable legislation. Requesting portable document A1 with consideration of digitization of requests and control.
2. Traps of posting under Article 12: normal activities, subordination, substitution, 24/2 period;
3. Traps of working in two countries under Article 13: marginal work, alternation, failure to perform scheduled work;
4. Exception agreement – application of one legislation despite lack of grounds.
5. Permanence of A1 – withdrawal, shortening, cancellation of A1 – forgery and fraud (fraud) in the context of A1
6. The body of CJEU case law in removing conflicts between social security systems – review of rulings with a view to clarifying concepts:

• alternation (Article 13) – opinion of R.G. Jan Mazak in the Format case
• substitution (Article 12) – opinion of R.G. Henrik Saugsmandsgaard Oe in the Alpenrind case
• subordination (Article 12) – CJEU judgment in the Walltopia case
• Fraud in applying for A1 – Altun case
• A1 – questionable indication of correct posting under labor law – CJEU judgment in Bouygues case

7. Social insurance of foreigners in the Polish Social Insurance Institution and the application of coordination rules to them in case of posting or work in two countries.
8. Social insurance abroad on the example of selected countries.
9. Contribution assessment basis of posted employees and employees on a foreign business trip.

For whom?

The workshop is addressed to practitioners of posting: entrepreneurs, ZUS officials, lawyers, advisors and accountants, who in their daily professional work should apply the EU regulations on coordination of social security systems. We also invite researchers and academic lecturers dealing with social security in cross-border situations.

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 informations

The 96th Posting Lab will take place on Friday 19 April from 10:00 a.m. to 1:00 p.m. Participation online only as always on the zoom platform. We are waiting for applications until 19 April. Payment is a condition of participation.

The workshop will be held in Polish only.

Registration