Posting of workers to Germany

Posting employees to Germany is a process that requires meeting certain conditions and understanding both Polish and German regulations.

In the case of secondment of an employee to work in Germany, a person who is permanently employed in Poland is temporarily sent by his employer to that country to perform certain professional tasks. During this time, the employee continues to be employed by the Polish employer, who is responsible for payment of wages and other working conditions.

Posting of workers to Germany - annex to the contract and A1 certificate

Prior to the start of an employee's secondment to Germany, the details of the posting must be agreed with his employer. It is important to attach an addendum to the employment contract that specifies, among other things, the place and time of the posting, the scope of duties, remuneration, vacation time and the terms of employment upon return to Poland.

It is mandatory for an employee posted to Germany to obtain an A1 certificate. This is a document issued by the Social Insurance Institution, which confirms that the employed person remains in the Polish social insurance system while working abroad. It serves as proof to German authorities that the posting is carried out in accordance with the law. This document should be carried with you during a possible inspection in Germany.

Usually, the obligation to obtain an A1 certificate from the Social Security Administration is fulfilled by the employer himself.

MiLoG - German regulations on the posting of workers

MiLoG is Germany's law on the posting of workers, which came into effect in 2015. It regulates working conditions and wages for people temporarily performing professional tasks within the country. The main goal of the law is to protect workers from exploitation and ensure fair employment conditions. MiLoG regulations also prevent competition based on low labor costs. In light of the MiLoG, posted workers in Germany are entitled to the same minimum wage and working conditions that apply to German workers. This includes German minimum wages, maximum working hours, rest and other issues related to the circumstances of employment. In the event of non-compliance with MiLoG obligations, the German legal system provides for adequate sanctions.

Rights of an employee posted to Germany

An employee posted to Germany therefore benefits from German protective regulations. These apply to:

Minimum wage

- The employer is obliged to pay the delegate at least the minimum wage in effect in Germany or set by sectoral collective bargaining agreements. This may vary depending on the sector of activity;

Maximum working hours

- Delegated include German regulations on the maximum number of working hours per day and per week;

minimum leave of absence

- Employees posted to Germany are entitled to paid leave at least according to German standards;

maternity protection

- Pregnant women are protected from termination of their employment contracts employment and exempted from work during the period from 6 weeks before - to 8 weeks after childbirth;

safety in the workplace

- When posting employees to work in Germany, the laws on occupational safety and health, the Law on Protection at Work, the Ordinance on Safety and Health at Construction Sites, the Ordinance on Child and Adolescent Labor, among others, apply;

health insurance

- during an employee's secondment to Germany, he is still subject to health insurance in Poland. He gains access to the German health care system on the basis of the European Health Insurance Card or the S1 document - depending on the length of his stay abroad.

Why choose IMPOL?

IMPOL, as representative of hundreds of foreign companies in Francehas developed over the years the know-how to manage online secondments, which allows you to manage all your secondment obligations. Including the storage of compulsory documents, the management of seconded workers. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labour laws, resulting in a smooth stay for your employees and the completion of your work.

Representative

We support you through the entire process of posting workers to France. We provide advice. We help in emergency situations. We apply for special permits to ensure maximum impact and profitability.

Management of applications and documentation

Depending on your needs, we will take care of all the formalities related to the posting to France , from setting up the account to the declaration of the posted workers.

Assistance in the event of inspections

We intervene in the event of an inspection, providing the required documents to substantiate compliance with posting obligations. As a sworn Polish-French translation agency and with our own lawyer specialising in social law, we offer you comprehensive care.

Contact us

Our advisors will answer all your questions about employee representation:

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