A successful conference on posted workers in Lyon. With a number of engaged participants, top speakers and lively discussions it was one of the best AEA-EAL event organized this year. Thank to Lyon Bar for hosting us in its premises. Thanks to all speakers, participants and organizers for our common success!
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Une conférence sur les travailleurs détachés à Lyon. Avec un certain nombre de participants engagés, des orateurs de premier plan et des discussions animées, ce fut l’un des meilleurs événements AEA-EAL organisés cette année. Merci au Barreau de Lyon de nous accueillir dans ses locaux. Merci à tous les intervenants, participants et organisateurs pour notre succès commun! see more on our Facebook
70 years ago the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. To commemorate this and to promote the human rights and civil liberties worldwide, a Human Rights Day is celebrate on December 10 every year. The AEA-EAL as a member of the Defence of Defenders Network contributes to promoting and protecting human rights.
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Il y a 70 ans, l’Assemblée générale des Nations Unies a adopté la Déclaration universelle des droits de l’homme. Pour commémorer cela et promouvoir les droits de l’homme et les libertés civiles dans le monde entier, une Journée des droits de l’homme est célébrée chaque année le 10 décembre. L’AEA-EAL, en tant que membre du réseau de défense des défenseurs, contribue à la promotion et à la protection des droits de l’homme.
A successful conference on posted workers in Lyon. With a number of engaged participants, top speakers and lively discussions it was one of the best AEA-EAL event organized this year. Thank to Lyon Bar for hosting us in its premises. Thanks to all speakers, participants and organizers for our common success!
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Une conférence sur les travailleurs détachés à Lyon. Avec un certain nombre de participants engagés, des orateurs de premier plan et des discussions animées, ce fut l’un des meilleurs événements AEA-EAL organisés cette année. Merci au Barreau de Lyon de nous accueillir dans ses locaux. Merci à tous les intervenants, participants et organisateurs pour notre succès commun! see more on our Facebook
Summary of speech during the AEA-EAL conference in Lyon, November 23, 2018
Katarzyna Gospodarowicz
With the Poland’s accession to UE in 2004 has opened up new opportunities for Polish entrepreneurs to provide wide range of services for foreign contractors. A key element of the principle of freedom to provide services has proved to be posting of workers. With the new possibilities has also come along new problems concerning among others the legal issues of sending the employees to work abroad. The question of belonging to a particular social security system, applicable law, labor conditions during posting period became a huge challenge, especially since these systems differ significantly from one Member State to another.
Within the first year’s Polish employers who have sent their employees encounter lot of barriers as requirement of obtaining additional work permits, not recognizing Polish salary as minimum wage and accusations of using social dumping. During these 14 years some rules has been changed, some specified but the Polish companies sending their employees to work abroad has also learned how to handle with those provisions and situation. Unfortunately, in some countries they face the same problems as at the beginning. Still there are some countries that are more open to host the posted employees and some that create a lot of paperwork, discouraging employers from posting.
In order to understand the problems of Polish employers posting their employees, it has to be noted that in Polish labour code there is regulated an institution of business trip. During business trip an employee is supposed to perform specific task on the employer’s request. We have two type of the business trips: domestic and foreign one. At the beginning it was very problematic to understand by Polish employers that the business trip is rather an institution of Polish national system and posting is European one and that during posting different legislation are applicable. When an employer is trying to establish which exactly provisions are applicable under e.g. German law during posting period, the problem begins. Referring to posting to Germany we have several legal acts that have to be observed. Even, if we find one and appropriate provision, we discover very shortly that it refers to another legal act and another provisions. The problem is also that some obligations, as number of annual leave, minimum remuneration are regulated in collective agreements issued for particular sectors and there is no official list of those collective agreements. They are even not easily accessible. Another problem is that, even if we will find an appropriate legal act, there is very problematic to find its translation. In addition, the authorities of particular country do not provide binding answers to the issues related with the applicable law on posting in their country.
Those are only examples of problems facing by the Polish employers posting their employees to perform services among UE. I assume, that if the obligations of posting employers will be easier accessible, not only in native language of particular country and in each country will be a body that will provide information, we could avoid a bigger amount of cases of irregularities during the posting period.
It is very important to underline that not every posting by Polish employer is at once connected with the term of social dumping. From my experience, the employers are trying to comply with all the provisions on posting of particular legislation, unless they are ambiguous even for employers from host country.
Laurent Pettiti (France), Maria Ślązak (AEA-EAL President, Poland), David Asatiani (GBA President), Christoph von Wilcken (AEA-EAL Vice-President, Germany), Rupert Wolff (President of the Austrian Bar)
The Georgian Bar Association (GBA) and the European Association of Lawyers (AEA-EAL) held a very intensive conference on the Modern Legal Profession conference in Tbilisi. The speakers touched on such issues as the exclusivity of the lawyers’ profession, protection of the legal services market, entrance into the lawyers’ profession and support of newcomers: European standards and best practices, the road to drafting the European Convention on the Profession of Lawyer and role of bar associations and private lawyers in providing pro-bono legal aid.
At the end of the conference, its participants called the Council of Europe unanimously to adopt the European Convention on the Profession of Lawyer. You may read the resolution here.
Laurent Pettiti (France), Maria Ślązak (AEA-EAL President, Poland), David Asatiani (GBA President), Christoph von Wilcken (AEA-EAL Vice-President, Germany), Ruppert Wolff (President of the Austrian Bar)
A very intensive conference on the Modern Legal Profession held in Tbilisi together by the Georgian Bar Association (GBA) and European Association of Lawyers (AEA-EAL). The speakers touched such issues like exclusivity of lawyers’ profession, protection of legal services market, ntrance into lawyers’ profession and support of newcomers: European standards and best practices, road to drafting the European Convention on the Profession of Lawyer and role of bar associations and private lawyers in providing pro-bono legal aid.
At the end of the conference its participants called unanimously the Council of Europe to adopt the European Convention on the Profession of Lawyer. You may read the resolution here.
HE Jane Owen, UK Ambassador to the Switzerland and Liechtenstein, Maria Ślazak, AEA-EAL President, Professor Michael Hahn, Managing Director of the Institut für Europa- und Wirtschaftsvölkerrecht and Professor Philipp Zurkinden, AEA-EAL Past President together with representatives of Swiss Government
On October 26, 2018, AEA-EAL and World Trade Institute organized workshop „Market Access: Legal Parameters in Europe and beyond” devoted to various aspects of trade of third parties with the UE. Top experts, politicians and specialists discussed possibilities of market access and its regulations – from general WTO rules to association and possible membership.
HE Jane Owen, UK Ambassador to the Switzerland and Liechtenstein, Maria Ślazak, AEA-EAL President, Professor Michael Hahn, Managing Director of the Institut für Europa- und Wirtschaftsvölkerrecht and Professor Philipp Zurkinden, AEA-EAL Past President together with representatives of Swiss Government
On October 26, 2018, AEA-EAL and World Trade Institute organized a workshop „Market Access: Legal Parameters in Europe and beyond” devoted to various aspects of trade of third parties with the UE. Top experts, politicians, and specialists discussed possibilities of market access and its regulations – from general WTO rules to association and possible membership.
Dear Colleagues,
It is with great pleasure to invite you to the International Conference of Lawyers organized by the Georgian Bar Association in Partnership with the European Association of Lawyers (AEA-EAL) on November 8-9, 2018, in Tbilisi, Georgia.
The work of a lawyer in a globalizing world is becoming more and more complex and challenging. Thus, it is of utmost importance for us – lawyers to stay connected and share our experiences for the benefit of stronger legal profession and rule of law in our countries.
The program of the Conference will explore the following topics:
(1) exclusivity of a lawyer in legal counseling and representation;
(2) Restriction of unlicensed practice of law;
(3) Road towards a European Convention on the Profession of Lawyer being drafted by the Council of Europe;
(4) The standards of entry into the legal profession
(5) Role of the Bar Associations and private lawyers in promotion of pro-bono legal services.
I believe the Conference will be a wonderful occasion not only for your professional development but also for personal enrichment, as it will provide a networking opportunity among successful and highly experienced lawyers from around the globe, international experts, representatives of international organizations, diplomatic circles as well as Governmental institutions.
The Conference will also offer a social program to allow participants to experience Georgian culture, ancient historic sites, food and wine.
Registrations and questions:t.khokhobashvili@gba.ge
See you in Tbilisi!
David Asatiani
President of the Georgian Bar Association
Member of the AEA-EAL Board of Directors
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