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Katarzyna Małaniuk

Rechtsanwältin (Polen)
Senior Associate
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New rules for employing temporary workers and for the operation of employment agencies entered into force on 1 June 2017. The amendment applies also to hirers. Employment agencies have time until 1 January 2018 to adapt to some of the changes.

Changes applicable to employment agencies in Poland

The changes are introduced by the Act of 7 April 2017 amending the Act on employing temporary workers and some other acts (Journal of Laws of 2017, Item 962). Pursuant to the new regulations, before concluding a contract of employment, the temporary employment agency should inform the person who is to perform temporary work about the arrangements made between the agency and the hirer. Additionally, within 7 days of conclusion of the contract of employment, the agency must provide temporary workers with information enabling direct contact with the agent . The change is intended to prevent temporary workers from not being informed or from being only partially informed about their job conditions.

Workers can be posted to perform temporary work also on the basis of a civil law contract. Before the worker commences employment, the temporary employment agency determines the total period for which he or she worked for a given hirer under a contract of employment or a civil law contract.

The amendment specifies the maximum periods of temporary employment. The agency can post the temporary worker to perform temporary work for one hirer for a total maximum period of 18 months within 36 consecutive months. Exceptionally, the above period can last up to 36 months if the worker is posted to work to fill in for an absent worker.

Changes applicable to hirers in Poland

In the same way, a hirer can use the work of one temporary worker for a total maximum period of 18 months within 36 consecutive months (the period can be extended to 36 months in exceptional cases).

In order to enable the temporary employment agency to correctly calculate the salary of the temporary worker, the hirer informs the agency about the internal regulations on remunerating employees and their amendments, and presents those regulations at the agency's request. 

The hirer is also obliged to keep records of temporary workers. This applies to both workers hired under a contract of employment and those hired under a civil law contract.

Changes applicable to temporary workers

To prevent personnel outsourcing, a new provision has been introduced which says that a temporary worker cannot be assigned the same type of work which used to be performed by a hirer's permanent employee whose employment was terminated for non-employee related reasons within 3 months preceding the anticipated start date of temporary employment. The above prohibition applies to all organisational units of the hirer located in the municipality in which the unit that used to employ the permanent employee is or was located.

A person who is going to perform temporary work must provide the temporary employment agency with relevant documents confirming the periods of performing temporary work for a given employer, both under a contract of employment and under a civil law contract. 

The amendment also increased the protection of pregnant women. A contract of employment concluded with a female temporary worker for a fixed term or for a trial period longer than one month is extended until delivery date if the contract was to expire after the third month of the pregnancy and the worker was posted by the agency to perform temporary work under a contract of employment for a total of at least 2 months.

The amendment also includes more detailed rules for granting holiday leave and making payments in lieu of unused holiday.

Changes to enter into force from 1 January 2018

Starting from 1 January 2018, employment agencies will have to have an office in which they will provide their services. This will make it easier for e.g. the National Labour Inspectorate (PIP) to monitor and inspect their activity. Employment agencies which as at 1 June 2017 are entered in the register of temporary employment agencies must submit information on their office addresses to the Marshall of the province by 15 January 2018.

Furthermore, starting from January 2018, employment agencies providing temporary employment services will be inspected to see if they are not in arrears with the payment of social and health insurance contributions and contributions to the Labour Fund and the Guaranteed Employee Benefits Fund and Bridge Benefit Fund (FEP), if they are obliged to make such payments. To that end, the Marshall of the province will retrieve relevant data once a quarter from the electronic system used by the Social Insurance Institution (ZUS).

We would be glad to provide you with more information if you are interested in this or other issues in the area of labour law in Poland. Our attorneys-in-law also offer legal advice in Poland on other issues. They are at your disposal in Rödl & Partner offices in: Gdansk, Gliwice, Cracow, Poznan, Warsaw, Wroclaw.

19.07.2017