Posting of workers is based on a different freedom than free movement of workers. It derives from the freedom (of the employer) to provide services. This type of labour mobility is not the same as workers’ mobility. A posted worker is unlikely to be on a business trip. When a posted worker crosses an internal EU border for professional reasons, it is necessary to resolve conflicts between legal systems: Which country’s laws apply to working time and especially to overtime, when the weekly standard work time is 40 hours in Poland, 35 in France, and possibly even 48 in Germany? Where should social security contributions be paid, in what amount, and based on which basis of calculation? Where should personal income tax be paid? How should the wage components and remuneration be determined?

We focus on EU law, referring to the national regulations of selected Member States when needed to illustrate examples.
We offer a light format, lots of examples, and Q&A session.

Programme

1. Labour mobility vs. workers’ mobility. The freedom to provide services as the basis for posting of workers
2. Posting vs. business trip
3. Labour law – choice of legislation: free or limited? Self-imposing employment conditions (the core of the Posting of Workers Directive)
   – conditions of employment
   – wages, allowances, per diems, other elements (to be included or excluded from “remuneration”)
   – posting of workers on the basis other than the labour contract
4. Obligations of the posting employer
   – public law (simple posting notification, appointing a contact person, translation and storage of documents)
   – private law (providing information to the employee, annex vs. business trip order)
5. Long-term posting
   – 12 months and extension to 18 months via notification to the host state
   – calculating posting periods, cumulative posting
   – extended list of employment conditions
6. Social security
   – principle of the single applicable legislation
   – determining applicable legislation
   – lex loci laboris (migrant workers)
   – continued coverage (posted person)
   – residence or employer’s registered office (work in two or more Member States)
7. Social security pitfalls
   – prior insurance affiliation vs. prior application of the legislation
   – (non) replacement
   – 24-month limitation
   – marginal work
   – failure to carry out planned work
8. Always relevant issues:
   – posting of third-country nationals
   – hiring out workers as intra-EU cross-border services

Who is it for?

This workshop is intended for people just starting their professional adventure with the posting of workers, and for those wishing to structure and consolidate their knowledge in this field.

Ask a question

Posting Labs are interactive. Their purpose is to exchange practical experiences and share knowledge, and less to instruct. Questions sent in advance to kontakt@labourinstitute.eu will be answered first in the Q&A session.

Cost

Participation is free of charge for all attendees. Registration is required.

Registration