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What is the posting of employees?
Posting employees abroad is the process of sending employees to work outside the country where they are headquartered. This means that an employee is temporarily relocated to another country to perform a specific task, project or function. The purpose of posting employees is not only to use specialized skills, but also to adapt to local market conditions, laws and business culture.
The key elements of employee delegation are understanding the laws of the destination country, drafting and translating relevant documentation, such as contracts or tax returns, and adapting to the specifics of the market in question.
Delegating employees allows companies to take a more flexible and global approach to team management, but at the same time requires careful organization and adherence to the legal standards of both the home country and the country to which the employee is delegated.
Does the employer have to report the posting of employees?
Yes, typically any company sending employees abroad for business purposes should report the posting to the relevant authorities in the destination country. This process usually involves providing the required documentation and information, as well as complying with local laws. In almost all countries, there is an obligation to report employee delegations to monitor and ensure compliance with the law.
Employers posting their employees abroad must ensure that documentation is carefully prepared to avoid possible penalties during labor inspection inspections. Ensuring a complete and compliant set of documents is a key element in the successful management of employee secondments.
What documents may be required during a delegation?
Delegation Agreements: precisely worded delegation agreements that specify the terms of the delegation, such as duration, responsibilities and financial terms.
Delegation notifications: declarations submitted to the relevant offices and institutions in the appropriate language and time.
Tax Documents: including tax returns and all documents related to taxation in both the home country and the country to which the employee is posted.
Insurance Documents: confirmation of adequate health, social security and liability insurance.
Certificates of Qualifications and Skills: for regulated professions, confirmation of the employee's professional qualifications.
Working Conditions Documentation: including work regulations, working time documents, health and safety training certificates, etc.
Evidence of Accommodation: if the employee uses employer-provided accommodation, a document confirming this should be provided.
Preparing complete and compliant documentation is not only a requirement of the law, but also a key step in safeguarding against possible consequences during labor inspection inspections. Investing time and resources in properly documenting employee delegations contributes to the smooth operation of the company in the international labor market.
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