- 9 May 2019
- Posted by: badamowicz
- Category: News
Delegation of a foreigner to work abroad
Recently, questions are asked how to delegate an employee who is a foreigner? A lot of Polish companies employ foreigners – how to delegate a foreigner abroad?
The number of foreigners including Ukrainian citizens undertaking work in Poland is growing year by year. Due to the fact that Poland is at the forefront of the European Union countries posting workers abroad and thanks to simplified legalization procedures for employing foreigners, it is increasingly common to delegate foreigners employed in Poland to other EU countries, most often Germany.
Before posting foreigners to work in another country, you must first take care of their legal employment in Poland. In addition, documents confirming the legal stay of a foreigner in Poland are necessary.
There are two ways of employing workers from Ukraine:
– on the basis of a declaration of intention to entrust work
– on the basis of a work permit type A
After meeting the conditions of legal employment of a foreigner in Poland, it is necessary to familiarize yourself with the law in force in the country to which you want to delegate an employee.
Delegating a foreigner employee to Germany
If a third-country national delegated because of his or her citizenship is generally subject to a visa requirement in Germany, a visa procedure must be carried out before entering Germany. In this situation, a visa “VanderElst” is issued, which entitles you to perform appropriate work in Germany for the duration of the service.
VanderElst is required to apply for a visa of a Ukrainian citizen personally. You can apply for VanderElst visa at the German Embassy in Warsaw. In order to obtain it, you must personally submit the relevant application together with the required documents. The cost of the visa is the equivalent of 75 euros (depending on the current exchange rate).
Note: The fee is not refundable in the case of the foreigner’s withdrawal of the application or refusal of a visa by the German Embassy
To obtain a VanderElst visa you must meet, among others the following conditions:
- a Ukrainian citizen has a permit to stay and work in Poland, is insured and has social security contributions paid,
- a citizen of Ukraine has a contract of employment with a Polish employer,
- the Polish employer has a contract with the German recipient of the service,
- providing work in Germany is not the sole purpose of employing a Ukrainian citizen by a Polish employer. The VanderElst visa does not apply to contracts between an employee and a company delegating it solely for the purpose of an employee taking up work in another EU country. It is a prerequisite that before and after posting he or she should work in the EU country from which he is delegated.
|1.||2 carefully completed in German and hand-signed applications|
|2.||2 current biometric photos|
|3.||Passport with a sufficiently long validity period (at least 6 months after the end of the validity of the residence permit) issued within the last 10 years (original + 2 copies of all completed pages)|
|4.||The relevant document confirming the residence and work permit in Poland with the validity period enabling return from Germany to Poland upon the completion of the service provision (original + 2 copies)|
|5.||Current certificate of registration in Poland for at least 4 weeks (in 2 copies)|
|6.||Agreement between a posting undertaking and a recipient of services operating in another EU country (in 2 copies)|
|7.||The certificate of the posting undertaking, prepared in duplicate (separate for each applicant in the case of submission of an application in groups), containing the following data:
-information about compliance with employment regulations
Applicant (employment contract or Settlement of remuneration, certificate of social security contributions);
– predicted start and end time of service in Germany;
– location of the service in Germany;
– short description of the service provided.
|8.||Proof of insurance in case of illness in Poland and Germany for the time of secondment (document A1 + EKUZ card) (in 2 copies). Delegated employees from a company registered in Poland must be subject to Polish social insurance. In order to document the fact of being subject to Polish social insurance, you must obtain the A1 certificate. We obtain them in the ZUS branch, appropriate for the employer. For employees, you also need to get an EHIC card, the European health insurance card|
The regulations do not specify the admissible period of posting. It is indicated that these are a maximum of 24 months related to the Polish social security system being subject to employment while working abroad. Extremely foreigners who have a “long-term resident’s EU residence” in Poland (Long-term resident permit entitles them to permanent residence in Poland, is issued for an indefinite period). The residence card is valid for 5 years, after the deadline the exclusive card is exchanged, no need to submit another application ) can be delegated to work in Germany for a maximum of three months over a period of 12 months (the next three months are granted with the next year) without the “VanderElst” visa.