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Employment of foreigners
Nowadays, there is an increasing number of third-country nationals working in the domestic labour market. Their employment entails many tasks, which domestic employers did not have to be prepared for previously; furthermore, each case where the employer wishes to gain access to workforce from within the European Union or a third country requires a different solution. It is necessary to simultaneously apply many legal regulations in this field; we address these in detail in our commentary written to the text of Act IV of 1991 on Job Assistance and Unemployment Benefits (Employment Act), in our payroll handbook, as well as in our articles and public lectures.
In case of the employment of EU nationals the employer only needs to submit a couple of statistical reports. However, if he intends to establish employment relationship with nationals of a third country, the employer needs to undergo a significantly more complex process after the expiry of the period of employment without permit, which may involve many things from the submission of applications prior to employment to the obligation of notification relating to the termination of the employment relationship. Although a part of the documentation necessary for the employment of foreign nationals can be found on the authorities’ websites, the employer needs to transform the internal labour processes and model documents accordingly, taking into consideration the special characteristics of this type of employment, such as communication in foreign language and employment established for a definite term.
In case of postings within the company, i.e. temporary employments in a different country, the identification of the adequate solution partly involves the determination of the labour regulations, which becomes particularly important in case of postings within the European Union. In addition, appropriate taxation and social security planning also receives an emphasis, which question becomes even more complex if the work is realised through temporary agency work and the party involved is a temporary work agency or a user enterprise.
Within the framework of our services, we develop the internal processes necessary for the employment of foreign workforce and the required documents, and at request we support the compilation of the necessary applications and declarations, and the submission thereof to the National Directorate-General for Aliens Policing and the county district office. We develop the special labour documentation and model documents relating to the performance of work, and we monitor the employment from the establishment of the employment relationship up to its termination; we also provide assistance in answering the taxation and social security questions relating to the employment of the workers and the related administration.