Legality and safety of employment
As a legal employer MR JOB Temporary Employment Agency is a holder of the Arbeitnehmerüberlassung permit. It is a guarantee of secured, effective and legal secondment of employees to Germany. This certificate constitutes an irrefutable proof of legality and security of our employees and business partners, and for that reason it is so important for us to spread the idea of legal employment among our Business Partners.
To run a legal employment agency, which sends its employees to German workplaces, you need appropriate permits from German authorities. Authorisation in the form of an employment agency certificate may be obtained both by a Polish and a German company. The procedure is labour-intensive and time-consuming, and the application itself comprises of over 100 documents.
Polish certificates for employment agencies are not enough to delegate an employee to Germany. For a Polish agency to be able to send employees to Germany legally, it would have to comply with the same legal requirements as any other German company from the Zeitarbeit business and it must obtain German permits, which are held by all German Employment Agencies. Without the German certificate for an employment agency, secondment of employees to German territory is impossible, and any attempts to circumvent the certification requirement are penalised. The fine imposed on an agency acting illegally may reach even EUR 30.000 § 23 AEntG. The German legislator introduced the duty of certifying foreign (including Polish) employment agencies to make sure that the employees who come to the German job market are paid according to the German wage rates. It is particularly important for the German legislator to keep the minimal wage rates and prevent using dumping rates by foreign companies, in particular companies from Eastern Europe.
Please note that MR JOB operates basing on strictly set out regulations regarding the Coordination of Social Security Schemes in the European Union Member States. In practice this means that an employee must have an employment contract or a contract of mandate, moreover, the Employee must be subject to Polish legislature for at least a month before the secondment, i.e. he or she must be registered as unemployed or covered otherwise by other insurance: See more
An Employer who sends employees to another member state has the duty of conducting the so called significant part of their operations in the location of their headquarters. The location of the recruitment of employees is important, as well as concluding most contracts with Clients, or the limit of min. 25% of turnover from domestic operations.
The delegated employee must also be aware that he or she may remain on secondment for a period not longer than 24 months, however, it is a temporary period. If the secondment of this employee is to be prolonged, there is a possibility of concluding a so called extraordinary agreement between individual member states.
Please note that if a break in the performance of duties resulting from employment of a given person abroad lasts at least 2 months, i.e. the employee comes back to the country where their employer is based, then he or she might be delegated abroad again for a period not exceeding 24 months. If the above conditions are not met, the Social Insurance Institution may refuse to issue certification stating that a given person is subject to Polish legislature, i.e. form A1. .
You will find more information about form A1: Here