{"id":6520,"date":"2023-01-11T08:00:09","date_gmt":"2023-01-11T07:00:09","guid":{"rendered":"https:\/\/bktkancelaria.pl\/?p=6520"},"modified":"2023-04-10T08:58:33","modified_gmt":"2023-04-10T06:58:33","slug":"5-sposobow-na-relokacje-pracownikow","status":"publish","type":"post","link":"https:\/\/bktkancelaria.pl\/en\/5-ways-to-relocate-employees\/","title":{"rendered":"5 ways to relocate employees in a corporate group"},"content":{"rendered":"

Today, using the example of one of our law firm's clients - a Polish company involved in erecting photovoltaic surfaces. I will present to you 5 ways to relocate third-country workers to another EU country<\/strong>in this case to Germany. Why have I decided to start this year with this topic?<\/p>\n

The geopolitical situation and ever-increasing energy prices are forcing businesses to intensify their search for alternative energy sources.\u00a0<\/span>The revitalised demand in global markets for the construction of wind farms and photovoltaic plants also creates a need for workers to move quickly to the place of work - often in another country.\u00a0<\/span>As a consequence, many companies employing third-country nationals - as a result of market competition rules - win tenders in other countries for the construction of power generation facilities. <\/span><\/p>\n

Unfortunately, the need for independence from Russian gas is not being followed by regulatory amendments. These, in turn, are necessary in order to quickly and seamlessly<\/strong> relocate staff to service sites<\/strong>.<\/span>\u00a0Therefore, how do we do it well, effectively and efficiently for our business?<\/span><\/p>\n

I answer below!<\/p>\n

A word of introduction...<\/strong><\/h2>\n

Earlier, I mentioned that I am creating this entry on the basis of the existing facts. I will therefore summarise some important facts about our client's situation for a good start.<\/p>\n

A photovoltaic company with Turkish capital (but headquartered in Poland) employs Turkish citizens - specialists in the erection of large photovoltaic surfaces. The company was contracted to carry out work in Germany using its own employees. Unfortunately, the deadline for the order was very short. Employees had to be relocated smoothly and quickly to carry it out.<\/span>\u00a0<\/span>What opportunities could the company have used?<\/span>\u00a0<\/span><\/p>\n

Read also: Doing business in Germany or in Poland - which to choose?<\/a><\/strong><\/p>\n

Posting of workers in the framework of temporary provision of services in the territory of another European Union country<\/strong><\/h2>\n

It's the easiest way to relocate employees<\/strong> third-country nationals legally employed in Poland on the territory of another EU country. Unfortunately, it does not quite work if we are talking about the relocation of workers within Germany<\/strong>. Are you wondering why? <\/span><\/p>\n

This is because Germany effectively defends access to its labour market. This is reflected in particular in the need to obtain for each of the relocated workers from third countries visas Vander Elst<\/strong>. It is a kind of document verifying the correctness of the posting process in Germany. <\/span>The visa is issued by the German embassy in Warsaw. Unfortunately deadlines for issuing visas are very long<\/strong> and may only affect a small number of workers sent to work across the Oder. <\/span><\/p>\n

However, our client had 40 employees to send at one time. This number therefore made it impossible to successfully apply for a Vander Elst visa for each of these employees within a very short period of time.<\/span>\u00a0<\/span>As a result, we started looking for alternative methods to legally relocate the company's employees to carry out a very large order in Germany.<\/span>\u00a0<\/span><\/p>\n

5 ways to relocate employees in a corporate group - the ICT (Intra-Corporate Transfer) card<\/strong><\/h2>\n

ICT Charter<\/strong> is an authorisation allowing relocation of staff <\/strong>under transfers between <\/strong>related by capital or personality businesses<\/strong>, <\/span>one of which is outside the European Union<\/strong> in the framework of the implementation of EP and Council Directive 2014\/66\/EU of 15 May 2014 on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.<\/span>\u00a0<\/span><\/p>\n

The application for an ICT card shall be made in the country where the worker will stay the longest for the purpose of work. This also applies if the third-country worker's first country of residence will be another EU country.<\/span>\u00a0<\/span><\/p>\n

What should the employer of a Polish company do in our case? Mhe possibility of relocating workers from Poland to Germany should apply to the Polish Provincial Office for an ICT card for foreigners from Turkey if:<\/span>\u00a0<\/span><\/p>\n