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Solving problems in posting with European governance – Summary of second day of the ELMC 2023

“The principle of autonomous understanding of terms used in Union law prohibits giving the same concepts of Union law the meaning they have in national law. This allows you to get answers to many of your everyday questions. Knowledge of the basic principles of the European legal order therefore enables you to solve practical problems. It also gives you the opportunity to use effective arguments before the courts and authorities in any Member State”. – indicated the President of the European Labour Mobility Institute (ELMI), Stefan Schwarz, at the opening of the VII European Labour Mobility Congress (ELMC) 2023.

The above thought was creatively developed during the second day of the Congress. Traditionally, it was devoted to a series of practical workshops led by recognised practitioners from Poland and abroad.

On the future of the posting of third-country nationals, home care and digitalisation – practically!

The morning block of workshops on the second day started with simultaneous presentations by representatives of ZUS (Dr Andrzej Szybkie and Krzysztof Delert-Urban) and the Chief Labour Inspectorate (Dyr. Dariusz Górski) on the issues that bother every entrepreneur the most – methods of detecting irregularities and control activities in cross-border situations.

As the main topics of the ELMC 2023 were the mobility of workers – third-country nationals in the EU internal market, the future of home care services for the elderly in the EU and digitalisation in the posting of workers, the second day of the Congress did not lack practical presentations on these very issues.

A dedicated workshop on the posting of Ukrainian citizens to other EU countries was conducted by attorney-at-law Tomasz Rogala of the law firm PCS Paruch Chruściel Schiffter Stępień Chancellor | Littler (Congress Partner). In turn, ELMI President Stefan Schwarz and Marcin Kiełbasa, in their presentation “Vander Elst visa – fundamental right or common crime”, pointed out that German law, insofar as it introduces a requirement for posted workers who are third-country nationals whose situation in the sending state is regulated to obtain a visa before entering Germany and provides for automatic deportation in the event of entry without a visa, violates obligations under Article 56 TFEU. Notwithstanding this, the case law of the German courts violates the principle of the autonomy of concepts in EU law, which requires that concepts used in EU law and in national law be interpreted independently of each other.

Advocate Karolina Ziemianin, in the workshop ‘Judgment on the Bulgarian caregiver case – 7 things you need to know’, stated that in light of the judgments of the German labour courts, if a caregiver working in Germany is an employee, she is due remuneration for the actual working time (and not only the time specified in the contract). The obligation to pay remuneration also covers on-call time and does not apply to actual time off. At the same time, the speaker emphasised that the title judgment is individual in nature and therefore does not automatically apply to all caregivers posted to Germany.

On the other hand, the issues of digitalisation and compliance in the posting of workers were addressed in a workshop by Wim Cocquyt and Jez Etherton (FRAGOMEN – Congress Partner), as well as by Lawyer Tanel Feldman and Lawyer Ewald Oberhammer (COMIC) – which provided a lot of practical examples and solutions in this respect.

Trust and cooperation … and solid knowledge in uncertain times

Carita Rammus from the European Commission assessed on the first day of the Congress that more mutual trust and cooperation is needed in cross-border labour mobility. A workshop by Iwona Kasprzyk Sowa and Magdalena Klimczak-Nowacka (European Labour Office, ELA) was devoted, among others, to this important aspect of cross-border mobility. The old Roman adage says ‘trust but verify’, so there was no lack of practical knowledge about posting to individual EU Member States.

As with every edition – the organisers’ intention was for the workshop to focus on the “most popular” posting destinations – the so-called Member States receiving the highest number of posted workers. According to the latest research of the winners of the 2017 Labor Mobilis Award – Frederic De Wispelaere and Prof. J. Pacolet (and Lynn De Smedt) – these are Germany, France, Belgium, the Netherlands, Austria, Italy and Sweden – the workshop dealt with these directions and was conducted by lawyers of the respective law practising in the respective countries on a daily basis (in order – by Beata Donay, Agnieszka PaszkowskiBruno De Pauw, Marcin Lewandowski, Rudi Vouk, Davide Vieni, and Fabrizio Vittoria and Martin Enquist Källgren). Significantly, the workshop not only covered the most popular secondment directions, but also the most up-to-date topics – e.g. the entrustment of temporary workers in Germany (Lawyer Donay), the difficulties of the Austrian administration in accepting the legality of a secondment to Austria (Lawyer Vouk), or the operation in France by a French (and not a Polish – seconding) company.

Last but not least, the second day of the Congress and its reception by the Participants as well as the Speakers indicates that a kind of community of legal posting enthusiasts, who care about practical and reliable solutions, has been and continues to be established around the Congress. This is an excellent prognosis for the future in the current uncertain times.

Marcin Kiełbasa


Summary of the first day of the European Labour Mobility Congress

“Solid knowledge in uncertain times” – plenary session

The 7th European Labour Mobility Congress was held under the inspiring theme “Solid knowledge in uncertain times.” During the plenary session on the first day of the Congress, guests from various fields and experts focused on discussing important issues related to the posting of third-country nationals, the future of cross-border home care services and the digitization process in the context of the posting of workers.

Representatives from business, law and academia, including discussion moderators such as Frederic De Wispelaere of HIVA, Kamil Matuszczyk of Warsaw University and attorney Robert Lisicki of the Lewiatan Conference, shared their knowledge and experiences regarding the posting of workers to European Union countries.

Answers to questions from entrepreneurs

The main objective of the Congress was to find answers to the questions and doubts of entrepreneurs related to the subject of posting workers in the EU single market. Particular attention was paid to the variety and type of these questions and doubts, which were analyzed by Karolina Schiffter of the law firm PCS Paruch Chruściel Schiffter Stępień Chancellor | Littler, who referred to the results of a survey conducted among employers taking advantage of the possibility of posting workers.

The basis for the solutions sought by the speakers and guests of the Congress in the field of posting of workers was the law of the European Union, taking into account the jurisprudence of the CJEU and the practice of the institutions – European and national.

In their lectures, the speakers made extensive reference to the case law of the Court of Justice of the EU. Among them were Herwig Verschueren of the University of Antwerp and attorney Henrik Saugmandsgaards Oe, former Advocate General of the EU Court of Justice and Partner at Gorrissen Federspiel. They pointed out both the principles of interpretation of EU law and the Court’s decision-making in cases concerning the freedom to provide services in the EU single market, as well as the discrepancies in the interpretation of this case law across EU countries.

Valuable insights on the practice of European and national institutions in the area of posting workers, especially third-country workers, were provided by exceptional guests of the Congress. In their inspiring speeches, Cosmin Boiangiu, Executive Director of the European Labour Authority (ELA), and Gertruda Uścińska, President of ZUS, shared their knowledge and experience.

Bartus Barometer

The first plenary day of the Congress was enriched by a conversation conducted by editor Zbigniew Bartus of Dziennik Gazeta Prawna with Jozef Gawron, Deputy Marshal of Małopolska, and Mark Benio of ELMI, which provided an excellent summary of the day’s discussions. This final exchange of views contributed to an even deeper understanding of the essence of worker posting and the future of labour mobility in the context of today’s challenges.


City of Kraków as the location for discussions on the posting of workers under the European freedom to provide services

The city of Krakow would like to express its gratitude to the participants, speakers, and organizers of the 7th European Labour Mobility Congress for choosing Krakow once again as the location for discussions on the posting of workers under the European freedom to provide services. Krakow is a city with a unique history and culture where the beauty and heritage of the past merge with the modernity and dynamism of contemporary life. The presence of culture and tradition can be felt in every corner of the city, making it one of the most beautiful and fascinating cities in Europe. Krakow’s genius loci fosters free exchange of ideas and creative discussion, even in cases of divergent views, which helps find solutions to challenging problems.

We are extremely proud that Krakow had the opportunity to host the European Labour Mobility Congress once again, and we hope that all participants had the chance to experience its unique charm and enchanting atmosphere. During the Labor Mobilis gala, the recital of Karolina Leszko and Paweł Piątek allowed you to experience the musical beauty of Krakow, presenting the unique repertoire of Marek Grechuta, which is an integral part of Krakow’s culture.

We hope that ELMC met your expectations and provided valuable knowledge to help you develop and achieve your goals. We secretly hope that both the city and the congress left you with enough desire to return here as soon as possible to meet again.

We would like to extend our sincere thanks to the Polish Ministry of Development and Technology for their support as co-organizer of the first day of the Congress, to the Regional Partner – Małopolska, and to the Partners – Fragomen and PCS | Littler for their invaluable support in organizing this exceptional event.

Thank you very much, and we invite you to participate in events organized in Krakow.


7th European Labour Mobility Congress – discussing trust and European cooperation in the posting of workers in the hospitable Małopolska Region

Labour mobility of the so-called third-country nationals in the European Union’s Internal Market and the future of live-in care services in the EU were the leading topics of the 7th European Labour Mobility Congress (ELMC), which took place on 24-25 April 2023 at the ICE Congress Centre in Krakow. The Małopolska Region proudly assumed the role of the Regional Partner of this unique event, which is the largest cyclical international conference dedicated to the freedom to provide services, posting of workers and labour mobility in the European Union. It brings together EU Commissioners and officials, ministers of the Polish government, MEPs reporting on key legislative acts, researchers and officials as well as entrepreneurs and all those who care about cross-border labour mobility issues in the EU.

The 7th ELMC was traditionally divided into two thematically separate parts, i.e. the first day – the one of the plenary sessions, and the second day, including a plethora of substantive thematic workshops. The Deputy Marshal of the Małopolska Region Józef Gawron honoured with his presence the closing debate of the Congress’ first day – ‘the Bartuś Barometer’, hosted by the noted Małopolska editor Zbigniew Bartuś.

The Deputy Marshal pointed out that “the economy of the Małopolska Region is indeed feeling the lack of those Ukrainian citizens who have returned to Ukraine due to the war, we can see this, among other things, in the registers of the Regional Labour Office”. – “While a year ago, before the Russian aggression against Ukraine, there were many economic migrants in Małopolska, a lot of war refugees came to us not due to their own choice and that proved a completely different category of persons, as the decision to come was triggered by the war situation. We (as the Małopolska Region – MK) did everything in our power to professionally motivate war refugees, especially women, as the vast majority of them came here (which, however, does not necessarily involve a decision to take up employment). Statutory solutions, including the granting of a PESEL (Personal Identification Number) Number, granting access to education, to the health system, but also access to the labour market were of help to us. On our side, as part of the projects we have been implementing for the people of Małopolska, programmes such as the “Career” (“Kariera”), “Professional Career” (“Kariera zawodowa”)- we have also opened up these to the incoming persons. However, we feel a bit a state of limbo, caused by the war, in the context of the labour market”.

Responding to a question from Zbigniew Bartuś, as to what extent did he believe in an open Małopolska Region, posting workers out into the world and benefitting from it, as well as welcoming them at home and benefitting from it as well, and whether we could be a testing ground to prove to Europe that there is no point in building barriers – the Deputy Marshal Gawron pointed out that “Małopolska Region is and has been open since the beginning of Russian aggression and the outbreak of the war in Ukraine – this we know and this is also confirmed by the Ukrainian community itself. In Małopolska, we have already done a lot and are doing a lot to trigger the utmost motivation of the Ukrainian community, as the war unfortunately may last longer that we can predict. We also need the awareness of the war refugees themselves, their motivation and a certain overall stabilisation – this is a process. On the part of the Board of Directors and the Małopolska Region in general, as a local government, we treat all war refugees from Ukraine as our own, as Małopolska’s citizens who are hospitably received by us. We are looking for solutions for them, so that they can participate in the development of Małopolska, also economically” – concluded the Deputy Marshal Józef Gawron.

Discussants on the panel in which the Deputy Marshal Gawron took part all agreed that the large number of people from Ukraine in Poland (also in Małopolska Region) is a gift, not a complicated problem in itself. It is therefore well worthwhile for citizens and decision-makers in other Member States to treat friends from other Member States as their own citizens and to learn from Małopolska how to treat visitors from third countries as their own. Thus, as stated by the participants of the earlier panels during the 7th ELMC – there is a need for “trust and cooperation” and European-wide thinking as to the practice of the solutions applied.

The second part of the 7th European Labour Mobility Congress covering substantive thematic workshops – confirmed the relevance of these conclusions in practice, especially in the area of the posting of third-country nationals in the European Union.

The participants of the Congress have already set their sights on their next meeting during the 8th European Labour Mobility Congress – all welcomed in the hospitable Małopolska Region.

Marcin Kiełbasa Ph.D.


Malopolska – an investor-friendly region

Małopolska is a region that for years has been among the top provinces most attractive to investors, both Polish and foreign. The high rate of economic development, numerous business support institutions, good transport infrastructure are just some of the reasons why global corporations have decided to invest here. The investment potential of the region is also recognized in prestigious European competitions and lists.

The undisputed leader of Malopolska is the historic city of Krakow, where the modern business services market is thriving. The ecosystem of universities, research institutes and global corporations also creates excellent conditions for the development of startups and technology, distinguishing Krakow in Europe and the world. Krakow is also one of Poland’s most important academic centers offering a rich pool of highly qualified professionals. The high quality of education offered by Jagiellonian University and the AGH University of Science and Technology is recognized by the most important Polish and international rankings of higher education institutions.

There are many reasons to choose Malopolska:

  • More than 460 thousand registered business entities, of which more than 4 thousand are engaged in export activities.
  • Exports of goods and services from Małopolska amount to more than EUR 10 billion – that’s the 6th position in Poland.
  • The region’s GDP in 2021 was over PLN 215 billion – that’s 8.2% of the GDP of the whole country
  • he highest value in the country of GERD (total outlays on research and development) in relation to GDP (2.41%) and the second highest value of BERD (outlays of enterprises on research and development) in relation to GDP.
  • More than 700 entities engaged in R&D activities (2nd in the country)
  • 2nd place in the country in terms of the share of innovative companies in the total number of companies. There are as many as 35% of them.
  • 2nd place in terms of the share of those working in R&D in the total workforce
  • 3rd place in the country in terms of reported inventions and granted patents
  • Małopolska has been classified by the European Commission as a moderate innovator. Other Polish units are classified a class lower, as emerging innovators.
  • 1st in the country in terms of people working in BPO centers (about 92,000) and 2nd in terms of the number of business centers (261)
  • ensures high availability of university graduates, including engineering and biological sciences.
  • A modern infrastructure for the training of personnel and the operation of ICT companies, and a high potential for research in energy technologies.
  • Małopolska, is also one of the most important BIO-regions of Poland, with high potential for the development of life sciences and well-developed medical facilities.
  • It ranks 2nd among provinces in terms of expenditures on R&D activities (nearly PLN 5 billion annually).
  • Małopolska is the “European Entrepreneurial Region 2016.”

It should not be forgotten that a huge impact on the economy is that Małopolska is one of the most interesting regions in Poland, offering a wide range of cultural and tourist attractions. Małopolska is the region with the largest number of monuments in Poland, the cradle of Polish culture and cherished traditions. We have the most UNESCO monuments (14) and the most national parks in Poland (6). In addition, 11 landscape parks, 10 areas of protected landscape and 86 nature reserves. More than half of Malopolska’s area has been recognized as a nature conservation area. Two areas – Babia Góra and Tatra National Park – are UNESCO biosphere reserves. They are unique places in the world, with unique natural beauty. The region’s unique cultural and natural heritage, a rich, varied and often unconventional tourist offer, a multitude of cultural events, a still-living tradition, as well as delicious cuisine – all this makes Małopolska the most visited region in Poland.

Being aware of its strengths, Małopolska has set 7 smart specializations, i.e. life sciences, sustainable energy, information and communication technologies, chemistry, metal production, electrical and machine engineering, and creative and leisure industries. It is to these scientific and economic fields that we have given development priority. They support the cooperation of science and business, which greatly facilitates the flourishing of innovation. Within the specializations, ROP funds for research and innovation are accumulated.

In order to unify activities in the field of economic promotion and standardization of investor service, and to support Małopolska entrepreneurs in exports, the Business in Małopolska Center was established in 2009. The Center’s most important tasks include:

  • maintaining a database of investment offers in Małopolska
  • to develop investment offers
  • enabling contact between Małopolska and foreign companies
  • to develop and distribute information about the region’s economy
  • international promotion of the economic potential of Małopolska
  • territorial marketing and promotion of innovative investments
  • cooperation with territorial self-government units, business environment institutions and the scientific sector for the economic development of Małopolska

The strength of Małopolska is its huge economic potential, the development of entrepreneurship and modern technologies, as well as its infrastructural facilities. All these factors make Małopolska an attractive place for investment and business development, and increasingly it is here that the headquarters of Polish and international companies are established.

More informations businessinmalopolska.pl


Krakow the Host City of the seventh edition of the ELMC 2023

The City of Kraków has once again assumed the title of Host City of the seventh European Labour Mobility Congress. We are extremely pleased that all previous Congresses have been held in Krakow. The artistic setting of the Labor Mobilis Gala is maintained in the atmosphere of Old Kraków, and the magnificent location of the ICE Congress Center allows participants from all over Europe to gloat over the Wawel Castle.

Krakow – the former capital of Poland, the historic seat of kings, and today a dynamically developing metropolis, a city of culture and art. The turbulent history of the region and the intermingling of different nationalities living here for centuries have resulted in an extraordinary cultural heritage. The city’s history, museums and monuments, the hospitality of its residents, as well as its attractive tourist offer and modern accommodation and congress infrastructure encourage visitors to come to Krakow. In 2019, the European Academy of Gastronomy awarded our city the honorable title of European Capital of Gastronomic Culture of 2019. We invite you to visit undiscovered Krakow and wander off the beaten track – for more details visit www.krakow.travel.

About the European Labour Mobility Congress

The European Labour Mobility Congress in Krakow is the largest conference on the posting of workers under the freedom to provide services, dedicated to the posting of third-country nationals, including the posting of Ukrainian nationals, and to cross-border home care services. Starting this year, the final conference in Krakow is preceded by a series of smaller events called WarmUps! more >>>.


Visit SYKOM’s company stand in the Experts’ Village during the first day of the Congress

SYKOM is a manufacturer of HR and payroll software with comprehensive support for expatriate employees.

Why is it easy to post employees with Sykof HR?

  • You will effortlessly calculate payrolls for secondments in foreign currencies,
  • You will gather the necessary documentation [EHIC work cards, A1, visas, work permits].
  • You will generate the necessary applications with the possibility of their electronic submission, e.g. US-3, US-4,
  • You will see to the expiration dates of A1 certificates, medical examinations, authorizations, training, etc.
  • You will generate and store full HR documentation in electronic form
  • You will correctly settle the accounts of expatriate employees with Social Security and Tax Office
  • Provide documents for remote signature to employees residing in any location
  • You will instantly reach all the information you need at any given moment
  • You will easily keep records of working time according to the rules in force in a given country [e.g. banks of hours, vacations, public vacations in particular countries]

For more information, please visit www.sykofhr.pl.

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“Hot chair” interview with Jozef Gawron, Deputy Marshal of the Małopolska Region at the EKMP 2023

The first day of the European Labour Mobility Congress will close with a “hot chair” interview with a representative of our Regional Partner, Jozef Gawron, Deputy Marshal of the Małopolska Region. The main topic of the conversation will be the presence of Ukrainian citizens on the Malopolska labor market. The interview will be conducted by editor Zbigniew Bartuś (DGP).

Hundreds of thousands of Ukrainian women have found not only help and shelter but also employment in Malopolska. And, after all, these are not people who came to Poland in search of work, but war refugees. Work is the best form of assistance that can be given to those enjoying temporary protection, because it restores their dignity, hope and a sense of security. At the Congress, we are asking, among other things, whether female workers under temporary protection can be posted to other member states by their Malopolska employers?

Deputy Marshal of the Malopolska Region Józef Gawron

Deputy Marshal of the Małopolska Region and the councilor to the Małopolska Region Parliament from the Tarnów district. Józef Gawron is a graduate of the Cracow University of Technology, Master of Science in Mechanical Engineering with the specialization in Machine Technology. He also completed post-graduate studies in IT, post-graduate studies in economics, specializing in Entrepreneurship and post-graduate studies in Healthcare Manager. Between 2015 and 2018 he held the position of the Vice-Voivode of the Małopolska Region. For his activities for the local community, he was awarded the Silver Cross of Merit by the President of Poland.

More informations-> Malopolska.pl


Malopolska Region Regional Partner of the 7th European Labour Mobility Congress

We are very pleased to announce that the Malopolska Region is a Regional Partner of the 7th European Labour Mobility Congress.

As a regional self-government, together with business environment institutions, it undertakes actions aimed at economic activation and development of entrepreneurship in the Province, e.g. it conducts activities to attract and serve investors, coordinates actions to internationalise the regional economy, with particular emphasis on promoting Małopolska’s export offer, conducts promotional activities to attract investment capital, and co-founds the Business in Małopolska Centre, which is a partner of the Polish Investment and Trade Agency.

Centrum Business in Malopolska is a unique initiative in Poland that aims to improve investor and exporter services and economic promotion of the region. It is a one-stop-shop partnership for the economic development of the Małopolska Region.

Centrum Business in Malopolska is made up of the regional government – Małopolska Voivodeship, a regional development institution – Małopolska Regional Development Agency S.A. and one of the most important institutions supporting direct foreign investment – Kraków Technological Park Ltd.

Experts in the field of servicing investment processes, implementing entrepreneurial development projects and conducting marketing activities in the domestic and international markets implement projects aimed at strengthening the economic potential of Małopolska companies and increasing their competitiveness.

More information www.businessinmalopolska.pl

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ELMC Warm Up! Training and support of caregivers and standardization of live-in care services

Join us for the final (free) warm-up before the 7th European Job Mobility Congress (Warm up!). One of the leading themes of the ELMC is the future of cross-border home care services.

Training and support of caregivers and standardization of live-in care services
  • What do caregivers need?
  • What are caregivers’ FAQs?
  • How to match the qualifications of caregivers to the needs of the seniors? – Dementia, paralysis, aphasia, diabetes…: it’s all the same.
  • Does increasing expenditure on training reduce recruitment costs? – Invest in reliable and stable staff
  • Randomness – the worst feature of care services
  • How to protect caregivers from extending their duties to housework?
  • Care services of divers quality
  • Economics of the live-in care services
  • European Pillar of Social Rights – #18 Everyone has the right to affordable long-term care, in particular home care and community-based care

Marek Benio, PhD – Lawyer and Economist. Vice President of Labour Mobility Initiative Association. Honorary Member of the Polish Social Security Association. Academic teacher. Expert in social security and labour law. Author of research and key legal opinions on the enforcement and basic Posting of Workers Directives and social security coordination. Participant of public consultations. Contributor to many international research and training programmes. Author of numerous publications on social security, labour law, public economy and administration. Supervisor of over 200 MA and diploma theses. Listed top ten best lecturers at the Cracow University of Economics.

Tomasz Piłat – Founder and activist of the Polish Association of Home Care Providers, for many years associated with the live-in care services. In 2017-2021 he was the Director of the Academy of Caregivers (an organization dealing with the education of live-in and professional caregivers, promoting the professionalization of the live-in care services sector). In 2018-2020, he collaborated with the Institut für Qualität und Innovation in der häuslichen Versorgung on the development of online educational programs for professional caregivers. He was also a member of the Board of Directors of VHBP (Verband für häusliche Betreuung und Pflege) – a German association of companies operating in the field of live-in care services (2016-2021).

Iwona Przybyło – Director of the Office of Medical Quality and Knowledge Management at Aterima Med. Active, certified nurse. Over 19 years of experience in the profession. Graduated from the Faculty of Health Sciences in the field of Nursing at the Medical University of Gdańsk and specialised in Anaesthesia and Intensive Care Nursing. Certified occupational therapist, coach and trainer. For years, she has been committed to educating and enhancing the professional competencies of Caregivers of the elderly, nurses and occupational therapists. She believes that knowledge combined with experience are essential elements to better care for the Wards. Translated with www.DeepL.com/Translator (free version)

Practical information

The meeting will take place online on Friday, March 31 from 12:30 to 14:00. Kindly send your application to the e-mail address [email protected].

We are waiting for applications until March 27. The discussion will be translated, inter alia into English, Spanish and Serbian. Free participation.

As usual, we encourage discussion and questions. Questions sent before the event will be answered first.

About European Labour Mobility Congress

European Labour Mobility Institute is the largest think tank on the posting of workers. We bring together entrepreneurs, academics, lawyers and civil servants to create the only and largest expert knowledge forum on the posting of workers in Poland and Europe. We take action to improve the applicable law and its correct interpretation and to stop cases of discrimination against Polish employers and their posted workers. We provide our members with access to current information and expert knowledge. read more >>>