THE STATUS OF SECONDMENT Poland is a

THE STATUS OF SECONDMENT § Poland is a country whose workers are mainly sent to other countries of the European Union or European Economic Area within the framework of cross-border services (workers are seconded to Poland mainly by companies in third countries). § Most seconded workers are employed in the building and public works sector in countries such as Belgium, France, Germany, the Netherlands and the Scandinavian countries. 1

THE STATUS OF SECONDMENT Volume of secondment – trends: § years: 2005 -2007 - an increase § years: 2008 -2009 - a decrease § 1 st quarter 2010 - a return to 2007 and 2008 levels Data based on the number of E 101 forms approved by the Polish Social Security organisation (ZUS) from the Ministry of Labour and Social Policy report. 2

ADMINISTRATIVE COOPERATION Member States must organise cooperation between administrations which, in compliance with national legislation, are responsible for monitoring the working and employment conditions referred to in Article 3. This cooperation ensures in particular that the administrations provide information about: 1) provision of workers, 2) evidence of abuse, 3) cases of alleged illegal transnational activities. Art. 4, Para. 2 of Directive 96/71/EC

ADMINISTRATIVE COOPERATION Every Member State must take the appropriate measures to ensure that information about the working conditions referred to in Article 3 are available for general consultation. Art. 4, Para. 3 of Directive 96/71/EC

THE NATIONAL LABOUR INSPECTORATE (PIP) AS LIAISON OFFICE AIMS: § To exchange information about secondment of workers with other Member States' liaison offices. § To send information to foreign liaison offices about any irregularities reported in Polish workers' complaints, including seconded workers. 5

THE NATIONAL LABOUR INSPECTORATE (PIP) AS LIAISON OFFICE AIMS (continued): § To cooperate with Polish authorities, administrations and institutions. § To provide information about minimum working conditions with reference to Polish law, upon written request from the interested party. 6

THE NATIONAL LABOUR INSPECTORATE (PIP) AS LIAISON OFFICE The National Labour Inspectorate is responsible for cooperating with European Union and European Economic Area Member State administrations in charge of monitoring working and employment conditions, and in particular: Ø for providing information about the working conditions of employees who are seconded for a fixed duration by an employer with its head office in Poland to a country which is a Member State of the European Union/European Economic Area, Ø for providing information about any infringements of the rights of workers who are seconded to Polish territory for a fixed duration by an employer with its head office in a Member State of the European Union or European Economic Area. Ø for indicating which is the relevant labour market monitoring authority that will provide the requested information in the area concerned. 7

HOW THE LIAISON OFFICE ACHIEVES ITS AIMS 4 weeks for providing a reply (cooperation standards) Labour Inspection Agency General Labour Inspectorate (GIP) Labour Inspection Agency inspection 8

HOW THE LIAISON OFFICE ACHIEVES ITS AIMS Languages used for correspondence English German French Spanish Italian 9

INFORMATION EXCHANGE BETWEEN THE PIP AND EUROPEAN UNION/EUROPEAN ECONOMIC AREA MEMBER STATES' ADMINISTRATIONS Questions frequently sent to the National Labour Inspectorate: Ø Ø Is the company doing business legally on Polish territory? Is the company doing a significant amount of business on Polish territory? Does the company employ seconded workers within the framework of a working relationship? In which sector does the company carry out business? 10

INFORMATION EXCHANGE BETWEEN THE PIP AND EUROPEAN UNION/EUROPEAN ECONOMIC AREA ADMINISTRATIONS Questions frequently sent to the National Labour Inspectorate (continued): Ø Ø Does the company provide temporary services? If so, is it on the register of entities which own recruitment agencies? Questions about working conditions, including working hours, paid leave and the amount of salary paid. 11

COMPLAINTS RELATED TO SECONDED WORKERS Problems associated with complaints (continued): § § § breach of the regulations pertaining to working hours, irregularities in the records kept of working hours, breach of health and safety regulations, accidents in the workplace, Polish workers' housing conditions. 12

COOPERATION WITH OTHER ADMINISTRATIONS ZUS – notifications, in particular relating to: • • • circumstances which may have an impact on whether the E 101/A 1 form can be issued or not (for example if the company is not carrying out any business or a significant amount of business in Poland); form A 1 certification for a worker recruited for the purpose of being seconded who, for at least a month before being recruited by the employer, has not been covered by national insurance in the country of origin; use by the company or its workers of E-101/A 1 forms which give rise to justifiable doubts concerning their authenticity; 13

COOPERATION WITH OTHER ADMINISTRATIONS • • ZUS (continued) - notifications about: reported cases of secondment to other European Union countries of workers from a Polish company who are registered for national insurance in Poland but do not have a certificate (form E-101/A 1) proving that they are covered by national insurance in Poland; reported findings relating to work carried out for a Polish company or employer by people from other European Union countries who are not covered by national insurance in Poland who are not in possession of a certificate (form E-101/A 1) justifying that they are registered with a social security system other than the Polish one; 14

COOPERATION WITH OTHER ADMINISTRATIONS • • ZUS (continued) - notifications about: non-registration by the employer, despite the employer's obligations, of workers with the Polish social security system; non-payment of Polish national insurance contributions for workers. 15

COOPERATION WITH OTHER ADMINISTRATIONS Tax administration – notification about cases which are in breach of fiscal obligations (including non-payment of taxes due). The Police, the Public Prosecutor, the registration authority – notification of work being carried out illegally by a company on Polish territory (for example failure to register as a sole trader or on the register of companies (KRS)). 16

COOPERATION WITH OTHER ADMINISTRATIONS The registration authority – obtaining information about the inspected company's current address (if no business activity is being carried out at the address given in the information request). 17

COOPERATION WITH OTHER ADMINISTRATIONS § § In 2010, PIP bodies cooperated with: ZUS, in the following areas: - certifying E-101/A 1 forms, - deciding which law applies in matters relating to social security, - checking the regularity of national insurance contribution calculations; registration authorities: - obtaining information about inspected companies, including matters relating to the addresses at which their business is carried out; the Police: - requesting a control of the legality of an employer's activity on Polish territory; the Fiscal administration: - transmitting information about the way in which temporary workers' salaries are calculated (if all taxes have not been deducted at source). 18