Subcontractors from Poland
Numerous German and Austrian companies are looking for subcontractors and temporary workers from Poland. Polish skilled workers are in great demand, especially in the construction, industry and trade sectors. When commissioning and using Polish subcontractors, German companies should pay attention to special regulations and obligations.
Verification of subcontractors from Poland
- Commercial register entryEvery company in Poland must be registered in the commercial register or in the trade register of the country. The client should check this before placing the order by requesting an extract from the trade register and the commercial register.
- Tax payment & social security contributions: Furthermore, it is advisable for the client to check whether the subcontractor from Poland has fulfilled his obligations to pay taxes and social security contributions. If a Polish subcontractor does not pay his taxes and social security contributions, there is an increased risk that he may not fulfil his other obligations and may be in a very bad financial situation. In this case, it would make sense for the client to look for another subcontractor. To be on the safe side, the client should request a certificate of no objection from the tax office in Poland or from the competent insurance institution. Such a certificate will show whether the subcontractor has fulfilled his payments and obligations.
A1 certificates for the Polish workers - social security certificate
In the case of a subcontractor from Poland, social insurance obligations for the skilled workers from Poland remain in force for the next 24 months. The workers from Poland who come to Germany must be provided with a A1 certificate provide proof of valid insurance. The A1 certificates are issued by ZUS issued in Poland. For clients in Germany or Austria, these certificates are obligatory and very important. If social security contributions have not been paid, the German client will be held liable. If the skilled workers in Poland are not registered with the insurance company and do not have certificates, the clients are obliged to pay the social security contributions in Germany. If the subcontractor from Poland no longer meets these obligations, it is not the subcontractor but the client who is liable.
Exemption certificate required for subcontractors from Poland
The Income Tax Act regulates the essential provisions of the construction withholding tax, which is a special form of income tax collection in Germany. In the case of a construction service rendered to a contractor, the recipient of the service is obliged to make a tax deduction of 15 per cent from the payment for the account of the service provider.
However, there is a way to avoid paying construction tax. If an exemption certificate is presented at the time of payment, the tax does not have to be withheld. The exemption certificate must be applied for by the subcontractor from Poland at his tax office.
If the applicant pays the construction withholding tax, the Polish subcontractor can in turn have it paid out after the end of the second calendar year. If the Polish construction company files an application, it can get the money back.
Registration of workers from Poland with the customs office
If a German client employs workers from Poland, the subcontractor must ensure that all these persons are registered with the Bundesfinanzdirektion West. This registration must also include such information as the place of posting, the duration and start date as well as the names of each individual employee. This obligation arises from section 18 para 1 of the Posted Workers Act (AEntG). Every German client must ensure that all Polish employees are registered in advance. As soon as the service begins, the electronic registration with the customs administration takes place.
If the Polish subcontractor violates this reporting obligation, he runs the risk that the work of the Polish subcontractor is illegal in Germany. This in turn can mean that the client does not even pay minimum wage, which in turn is liable. It is therefore advisable for the client to carry out a check on each employee to see whether everyone has been registered correctly. Ignorance does not protect against high penalties.
We are your reliable partner in subcontractor placement
Hiring a subcontractor from Poland is associated with many obligations and requires a lot of administrative effort. Save yourself this trouble and effort.
We are your strong partner in the areas of subcontractor placement, personnel placement, employee leasing, temporary employment from Poland and Eastern Europe. On the one hand, we place top professions in trade, industry or construction. On the other hand, we offer you a complete cost package without any subsequent surprises. Complete processing is also our responsibility. We arrange placements individually according to your requirements and ensure compliance with legal regulations, deadlines and agreements. Our services include organisational and administrative tasks as well as the necessary forms and permits.
We provide Polish subcontractors for:
Construction
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Industry
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Production workers
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- SR, 831 06 Bratislava – mestská cast‘ Raca, Karpatské námestie 10A
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