What will be the theme of a political day of the Congress?

Stefan Schwarz: We decided, that we will concentrate on the problem of political perceptions of posting of workers which recently prevail the facts. On the one hand, results of researches shows that posting of workers mechanism benefits sending and receiving countries, and above all, does not cause job losses suffered by local workers in the high-wage receiving Member States. On the other hand, European Commission claims that companies providing services from low-wage countries endanger the internal market, are responsible for Brexit and treat internal market as Wild West territory. Political supporters of the Directive do not hide that their intend to relieve public sentiments in Belgium and France. On the Congress we will attempt to find answers to the questions arose due to this situation. How the Eu policy will develop have significant meaning for thousands of Polish companies, workers and economy.

What are the main advantages of participation in ELMC for posting companies?

Marek Benio, PhD: For many years the access to the reliable and profound knowledge on legal mechanism of posting of workers was very limited and for some companies utterly unavailable. Entrepreneurs were often unaware of violation of complicated and ambiguous regulations on social security and labour law. They found it out when it was already too late during the inspection of National Labour Inspectorate or foreign inspectorate. Knowledge acquired during the Congress may help to prevent possible misunderstandings. Participants will acquire profound knowledge on applicable regulations binding in agencies’ practice. Entrepreneurs can invoke this legal interpretation in daily business activity, because it comes from reliable source – European experts and authorities speaking on behalf of important institutions. On the Congress companies specialized in posting of workers will received answers and solutions, unavailable anywhere else. This year we schedule 10 lectures concerning this topic.

I understand, but what exactly do the business representatives can benefit from this year’s Congress?

Marek Benio, PhD: For instance, on the second day PhD Piotr Wąż, expert from the National Labour Inspectorate will run workshop on the principle on more favourable treatment in the comparison with the Rome I Regulation and Posting of Workers Directive. He will bring up the issues dealt daily by most of the entrepreneurs like accounting of leisure time or public holidays in return for overtime work of posted workers. Experts from PwC will run a workshop on “Taxation of the benefits received by posted workers in the light of practices of tax authorities and administrative courts’ decisions”. According to the entrepreneurs, recently it is patricuraly problematic area of their activity. Anna Siwiecka on behalf of the Polish Social Insurance Institution (ZUS) once again will run practical workshop. The most frequent questions concern the application and issuing procedure of A1 form and changes projected in a new special handbook. Besides, 8 other practical workshops, run by prominent lawyers specialized in posting of workers, chosen by the Organising Committee, will held.

What are the potential dangers to posting of workers in your opinion?

Marek Benio PhD: According to us, the Revision of the Directive proposed by the European Commission will be a kiss of death for the great majority of Polish entrepreneurs. For the outlaws it will be a blessing that will increase demand for unregistered work. Even if European Parliament will abandon this draft of the revision , Commission is already preparing a revision of regulations on coordination of social security systems. Next year will be decisive for the existence of the provision of services. It is fundamental for every company that posts its workers due to the fact that proposed revision might end up this practice. We do not want to threaten, but to gain a clear insight into real situation and face it. It will be discussed on the Congress.