Posting of workers to work abroad in the countries of the European Union or the European Economic Area (EEA) is possible when the employer has entered into an agreement with another employer operating in the territory of a member state, has a branch in the country where the worker is to be posted, or is a temporary employment agency posting workers to an employer in another country.
Before the posting of a worker begins, it is necessary to meet the administrative requirements of the host country. Any new rules for posting workers abroad in the provision of services within a member state should comply with EU directives: 96/71/EC, 2014/67/EU and 2018/957/EU.
In this article, we will introduce the following issues:
1. posting rules,
2. terms and conditions of employment of posted workers,
3. information required when posting workers to another country,
4.posting of non-EU and EEA citizens,
5.comprehensive service of posting a worker abroad.
Rules on posting of workers
Posting of workers to work abroad in countries of the European Union or the European Economic Area (EEA) is possible when the employer has entered into an agreement with another employer operating in the territory of a member state, has a branch in the country where the worker is to be posted, or is a temporary employment agency posting workers to an employer in another country.
It is necessary to comply with the administrative requirements of the host country before the worker can be posted. Any new rules for the posting of workers abroad in the provision of services within a member state should comply with EU directives: 96/71/EC, 2014/67/EU and 2018/957/EU.
Conditions of employment in case of posting abroad
The terms and conditions of employment of a posted worker must correspond to those in force in the host country, if they are more favorable than in the country from which the posting takes place. Adequate regulations govern minimum wages, rest periods and working hours, paid vacations, health and safety conditions, protection of pregnant women, postpartum women and young people, gender equality, accommodation conditions, as well as allowances, travel and accommodation reimbursements.
If the duration of the delegation is less than a month, wage and vacation requirements do not have to be observed, as long as such a decision is made after consultation with employer and employee representatives by the host country. However, this does not apply to workers posted by temporary employment agencies.
Required information in case of secondment of an employee to another country
W przypadku delegowania pracowników za granicę pracodawca powinien przekazać pracownikowi kompleksowe informacje dotyczące miejsca wykonywania pracy, przewidywanego czasu trwania delegacji, wysokości płacy oraz dodatkowych świadczeń, jak zwroty kosztów podróży czy zakwaterowania. Ponadto, pracownik powinien zostać poinformowany o sposobie powrotu do kraju po zakończeniu delegacji.
Warto zaznaczyć, że podróż służbowa nie jest tożsama z delegowaniem. Podczas gdy delegowanie jest formą świadczenia usług w ramach swobody przepływu pracowników w Unii Europejskiej, podróż służbowa to krótkoterminowa praca w innym państwie członkowskim, która nie podlega odmiennym zasadom.
Posting of non-EU and EEA citizens
An employer who posts a citizen of a so-called "third country" to another country must provide him with the same conditions that apply to citizens of the European Union. Posting abroad can take place if he legally resides and performs work in a member state.
Comprehensive service of posting an employee abroad
The regulations governing the terms and conditions of employment of a posted worker are designed to ensure fair and dignified treatment of those employed in labor mobility within the European Union. They cover not only basic aspects such as rest periods, working time, paid leave, wages, but also broader issues related to occupational health and safety, protection of pregnant women, young people and gender equality.
It is essential that the posted worker is aware of his or her rights. Employers must ensure that posted workers are informed about the terms and conditions of employment in the host country, including their benefits and obligations.
There are exceptions to the general rules on posting, particularly in industries where working conditions may be governed by specific industry agreements. To avoid potential difficulties and not get lost in the maze of regulations, it is advisable to entrust the comprehensive handling of the posting of an employee abroad to a company specializing in this field.
