Sending an employee abroad is an extremely important part of modern business. Growing international cooperation, globalization and expanding markets are causing more and more companies to choose to send an employee to work abroad. In connection with this process, which brings many benefits but also challenges, it is crucial to understand the basics of sending employees abroad and the regulations that define them.
What is the difference between overseas secondments and posting an employee to work abroad?
Although the terms: "overseas posting" and "posting an employee to work abroad" are often used interchangeably in a colloquial sense, there are some differences between them.
The legal definition of delegation is unfortunately not explicitly expressed. According to the provisions of the Labor Code, in the case of an employee on a business trip abroad, among others, three conditions should be met: The employee must be ordered to go on a business trip, during the trip he must perform a business task and at the same time it should be performed outside the locality where the employer's headquarters is located or outside the permanent place of work.
The law lacks a definition of posted workers and secondment, although the legislature provides different legal consequences for posting and secondment.
Based on separate regulations, it is assumed that the delegation of an employee, for example, abroad, is incidental, short-term and should not last more than three months in total during the year. In turn, the posting of employees as a result of the interpretation of the law involves a formal change in the place of work and modification of the contract by agreement of the parties.
A posted employee may carry out overseas projects for a parent company, its subsidiary or a business partner. As a result, he or she may be required to comply with the laws and rules of the country to which he or she is posted, especially with regard to taxes, social security and working conditions.
AEntG - law on the posting of workers to Germany
Sending employees abroad must be carried out not only in accordance with Polish law, but also with the relevant regulations of the country to which the employee is posted to work abroad.
A prime example is the AEntG (Arbeitnehmer-Entsendegesetz) law. This is the German law on the posting of workers to Germany. It regulates working conditions and wages for employees posted to Germany by foreign companies. The main purpose of the AEntG is to ensure that an employee posted to work in Germany receives minimum wages and working conditions equivalent to those of German workers in the same sectors.
The Law on Posting a Worker to Germany addresses such aspects of working life as maximum working hours, breaks, vacations, nationwide collective bargaining agreements, travel, lodging and food costs, among others. The goal is to protect workers from exploitation and ensure fair competition among companies in the German labor market.
Amendment of the provision on business trips of foreign drivers
In February 2022, an amendment was introduced to the provision on business trips of foreign drivers in international transport in connection with the implementation of the so-called Mobility Package. Under it, foreign road transport was excluded from the definition of business travel. As of February 2, 2022, the concept of a driver's business trip includes any business task performed as part of domestic road transportation, involving the performance of road transportation at the employer's instruction or departure for the purpose of its performance, outside predetermined locations or places.
As a result of the ambiguity regarding foreign drivers' business trips, in light of the positions of the Ministry of Infrastructure and the Chief Labor Inspectorate, the entire transportation task carried out by the driver, including domestic segments of the trip, is considered international transportation, as they are related to foreign transportation. As a result, only drivers engaged exclusively in domestic road transportation are allowed to make business trips.
Impol - support in posting an employee abroad
Impol is an experienced company specializing in representing Polish companies in dynamic European markets. As your representative, we will take care of your business interests, facilitating the expansion process. Our team of experts always stays abreast of changing regulations, which has allowed us to successfully operate in various countries for nearly 30 years. We believe that one of the keys to our clients' success in the international field is professional representation of their company abroad.
We will carry out an analysis of the mobility of employees posted on foreign projects for you. Our specialists will help you understand the obligations imposed on the employer and prepare the necessary documents, such as the notification of posted workers, informing you of all legal issues.
We adhere to the principle of a holistic approach to customers, so you can count on us to help you with a wide range of possible problems related to employee mobility.
We help negotiate with clients or foreign employers in France, for example, book accommodation and recover overpaid VAT in the EU for costs such as highway gates, fueling, parking, hotel rentals.
You can count on us for a wide range of time, as we provide telephone contact 7 days a week from 7:00 a.m. to 10:00 p.m. We invite you to learn more about Impol's wide range of services!
