Posted workers from Poland

Employed by a Polish firm and sent to Berlin: A1 certificate, 24 months, minimum wage, where to complain.

Social insurance: A1 certificate

• Under Article 12 of Regulation (EC) No 883/2004, a posted worker stays under the home state's social security scheme if the posting is expected to last no more than 24 months and the worker does not replace another posted person.
• Proof is the A1 certificate, which for Poland is issued by the Social Insurance Institution ZUS. Keep it with you on the job site. The German Pension Insurance also notes that German insurance can continue for up to 24 months on a posting to Poland with an A1 (DRV: Poland).
• Whether a given trip counts as a posting or an ordinary business trip under Polish law is decided by ZUS and the employer; this site does not assess it.

Pay and conditions in Germany

• The German minimum wage applies also to posted workers (see Working as an employee); sector minimum wages and other core conditions apply under the Posted Workers Act (AEntG). Core conditions under § 2 (1) AEntG: pay incl. overtime rates, paid annual leave, maximum working hours and rest periods, conditions for hiring out workers, health and safety incl. employer-provided accommodation, protection of pregnant women and young people, non-discrimination, and allowances or reimbursement for travel, accommodation and board.
• Employers may not deduct costs that bring you below the minimum wage. The legal details of permitted deductions for accommodation were not checked.

If something is wrong

Unpaid wages, wage deductions, a missing A1 or a sham posting: contact Faire Mobilität (advice in Polish) or the customs enforcement unit (FKS) via zoll.de. More: Workers' rights and exploitation.