Topics

Labour mobility is not the same as worker mobility and a posted worker is rarely in a posting. Whenever an employee or contractor crosses an internal EU border for work purposes, it is necessary to resolve conflicts between the different legal systems. Under which rules do we calculate his or her working time, and especially overtime, when the weekly norm is 40 hours in one Member State, 35 hours in another, and 48 hours in yet another? Where do we pay social security contributions and at what rate and on what basis? Whether and where to make advance payments of income tax? How to determine the components and the amount of remuneration?

Light form, lots of examples, Q&A.

Programme

1. Freedom to provide services in relation to other treaty freedoms. Labour mobility, mobility of workers
2. Posting of workers and business travel
3. Employment law – free choice and its limitations. Enforceable provisions (fundamental directive)
   – terms and conditions of employment
   – pay, allowances, per diems
   – posting of contractors
4. Posting employer’s obligations
   – Public law (notification of posting, appointment of contact person, translation and retention of documents)
   – Private law (information towards the employee, addendum vs. travel order)
5. Long-term posting
   – 12 months and extension to 18 months by notification of the host country
   – calculation of posting periods, cumulative posting
   – extended catalogue of terms and conditions of employment
6. Social security
   – single legislation rule
   – determination of the applicable legislation
   – lex loci laboris (migrant worker)
   – continued affiliation (posted person)
   – residence or registered office of the employer (work in two or more Member States)
7. Social security traps
   – previous affiliation
   – substitution
   – limitation to 24 months
   – marginal employment
   – failure to perform scheduled work

For whom?

The workshop is designed for those starting out on the adventure of posting employees.

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.

Other informations

The 88th Posting Lab will take place online on Thursday 31 August from 12:00 to 15:00.

We are waiting for submissions until 24 August. Please send them to the email address kontakt@labourinstitute.eu