It has been one year since the entry into force of the Law of 10 June 2016 on the posting of workers within provision of services. It allows foreign authorities to more effective prosecution of the Polish companies that violate other states’ regulations on the posting of workers.
A foreign labour inspection may, for example, send a request to the National Labor Inspectorate (PIP) for information about a company that is posting workers abroad. It can also ask the PIP to notify the employer about a sanction imposed for breaking the posting rules in the country concerned, and even for the execution of penalties by the Polish tax office. Requirement of implementing these regulations comes from the EU Enforcement Directive.
– We have been concerned that foreign inspections will overuse these new possibilities and impose high penalities for minor offenses. Polish administrative bodies, through creating a path of execution of these penalties by the Polish bodies, would easily eliminate our posting companies from the market. EU sanctions for not complying with the rules of the posting of workers can reach as much as 500 000 Euro and its effective execution would ruin the companies.
– admits Radosław Gałka, Expert from the Labour Mobility Initiative
– States which had been striving for the Enforcement Directive, now recognized that it will not be an effective tool to get rid of the posted workers, among others through its mechanism of implementation by the Member States. In such manner, they seek for other methods. Enforcement Directive has been orphaned. Now, its originators don’t care anymore so much about its effective implementation. There’s no pressure anymore. European Commission has focused on the proposal of revision of the basic Directive. The project is, in general, supported by the ‘Old Union’ countries, mainly France and the Benelux. If the project is adopted in its current shape, it automatically excludes Polish companies from the market.
– says Work Express CEO, Marek Truskolaski.
There are EU countries that have not implemented the Enforcement Directive to their regulations. So far, EC has not drawn any consequences to these countries and to those implemented it after deadline. It looks like EC gives up all energy to the project of revision of Enforcement Directive.
– confirms dr Marek Benio, Vicepresident of Labour Mobility Initiative
Among the countries that are delay on implementation are i.a. Croatia, Portugal and Cyprus. Huge amount of countries have done it after deadline, for instance Spain in the end of May. Spanish act provides that if worker is posted for 8 days or more, employer has to fulfil many formalities. Firstly, employer has to notify posting of worker by electronic means of commnication. This form should include all the necessary information to identify provided service (company’s data, worker’s data, begining of posting and estimated time of it). Secondly, employer is obliged to indicate in Spain a person who will be responsible for the infringement of foreign employer in front of Spain authorities.
Soource: Gazeta Prawna