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),
- setting out the rules for the posting of employees/contractors to Germany, taking into account all the issues that make up the subject of the posting of workers to Germany (for more information: Rules on the posting of workers 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
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:
- to define the rules for the posting of temporary
to Germany taking into account the specific regulations relating to temporary work issues in Germany (Arbeitnehmerüberlassung), including those arising from the IGZ collective agreement, - support for applications for obtaining and renewing authorisations
for the operation of temporary employment agency activities on German territory at the Bundesagentur für Arbeit, including the preparation of the required documentation, - legal and tax support in audit 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, - updating information on legal require.