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How a Czech employee can work in Poland? | News Flash

23 Nov 2015

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How a Czech employee can work in Poland? | News Flash

 

There are several ways how your employee can perform work on the territory of Poland. Depending on whether the work should be performed temporarily various legal forms can be applied. What are your options?

Business trip

In situation of short-term work in Poland. Following EU rules about free movement of workers, there are no special obstacles. Tax and other obligations follow Czech tax legislation.

Hiring of an employee

The Czech employee is relocated to the Polish company (related company of the Czech company). Work on the territory of Poland is usually longer (1-2 years). The relocation is based on contract between Polish and Czech related companies.

  • Tax obligations. The employee becomes taxable in Poland. The Polish company is obliged to calculate and withhold taxes from his/her income.
  • Social and health insurance. The employee can continue to contribute to the Czech social security and health insurance (“SSHI”) system based on so called A1 certificate. In case of assignment up to 2 years, the A1 certificate is issued automatically.

Provision of services

The Czech employee will provide services on the territory of Poland (services may be provided to the Czech related company or to unrelated customers), still being employed by Czech company.

  • Tax obligations. If services are provided on the territory of Poland longer than six months, the Czech company can have a permanent establishment (“PE”) in Poland. Then, the Czech company should register for corporate income tax purposes and pay corporate income taxes in Poland.

When a PE is created or an employee works on the territory of Poland longer than 183 days, he/she may become taxable in Poland. The employee may be obliged to file Polish personal income tax return.

  • Social and health insurance. The employee can continue to contribute to the Czech SSHI system based on the A1 certificate. In case of assignment up to 5 years, the A1 certificate request is usually approved.

Local contract with the Polish entity

Recommended in case of a permanent need of the Czech employee on the territory of Poland. Tax and other obligations follow Polish legislation.

Can we help you further? Contact us!

Contact:

Maciej Górski

Tax Manager

Maciej.Gorski@accace.com

+48 223132950


Read more articles on this topic
  • Checklist for eShops in Poland | Infographic
  • How to send a Polish employee to work in the Czech Republic?

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Originally established in Central and Eastern Europe in 2006, Accace ranks among the leading outsourcing and consultancy providers in the region. Engaging over 600 experts, we have vast experience with handling small to large scale, multi-country outsourcing projects and providing a comprehensive range of our services to over 2,000 customers.

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Accace operates internationally as Accace Circle, a co-created business community of like-minded BPO providers and advisors who deliver outstanding services with elevated customer experience. Covering almost 40 jurisdictions with over 2,000 professionals, we support more than 10,000 customers, mostly mid-size and international Fortune 500 companies from various sectors, and process at least 170,000 pay slips globally.

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