Posting of employees

Among our Clients there are Polish companies posting employees abroad in different ways:

§ 01
Companies completing business contracts in Germany

The biggest group of Polish companies posting employees abroad constitute the companies for which posting of employees abroad is necessary due to the completion of specific business contracts outside of Poland (e.g. the provision of construction, assembly, welding, electrical, hydraulic and IT services, etc.).

To these Clients BLU Law & Outsourcing offers advice related to the completion of contracts abroad:

  • determination of the company’s obligations in Germany towards the German institutions such as Zollamt (customs office), Finanzamt (tax office), SOKA-BAU (social fund in construction), HWK (Chamber of Craft), Bundesagenturfür Arbeit (Federal Employment Agency), etc. and support in registration and documentation preparation, 
  • determination whether in a given case the company is obliged to obtain a tax number in Germany, register for German VAT, obtain a certificate of exemption from construction tax, preparation of annual statements, etc.,

  • determination of the requirements of German law for employees/contractors posted to Germany, taking into account the sector within which the economic project is completed (including collective agreements applicable to a given sector),
  • determination of rules for the posting of employees/contractors to Germany taking into account all the issues regarding the posting of employees to Germany.

§ 02
Polish temporary employment agencies in Germany

Polish temporary employment agencies more and more willingly answer the needs of the German labour market sending temporary staff employed in Polish work agencies to Germany. However the specificity of this activity consists not only in the obligation to observe the provisions regarding temporary work in Poland but also regulations of the German and European law.  

BLU Law & Outsourcing supports temporary employment agencies in the following legal areas:

  • determination of the rules for posting of temporary workers to Germany taking into account detailed regulations regarding the issues of temporary work in Germany (Arbeitnehmerüberlassung), including those resulting from the IGZ collective agreement,
  • support in submission of applications to Bundesagenturfür Arbeit for obtaining and extension of permit for activity related to the temporary employment agency in Germany with the preparation of required documentation,
  • legal and tax support in inspection proceedings.

§ 03
Healthcare Agencies

Polish healthcare agencies rely in their operations on posting of carers to Germany who take care of the senior citizens in their private households.

The specificity of posting of carers to Germany significantly differs from other above-mentioned forms of posting, requiring the healthcare agencies to be especially diligent in the creation of relations with the customer, carer and – usually – an agent in Germany.

Our Team for many years has been supporting healthcare agencies (both small family companies and agencies providing care services on a large scale) in their operations, offering support in the following areas:

  • determination of rules for the posting of employees/contractors to Germany,
  • preparing documentation and rules for the posting of carers to Germany taking into account current provisions of law, judicature, tax and Social Insurance Institution interpretations,
  • representing the Client in disputes with customers or their families in Germany, as well as in disputes with carers,
  • ongoing legal advice for healthcare agencies, updating information regarding legal requirements.