Liability for unpaid remuneration for posted workers

Who is responsible for paying remuneration

Workers posted to Poland are entitled to remuneration specified in their contracts.

As a rule, the employer posting a worker is liable for failure to pay remuneration to the worker posted to the territory of Poland.

Failure to pay remuneration for work to a posted worker constitutes a minor offence against the rights of persons in paid employment and is punishable by a fine of PLN 1 000 to PLN 30 000.

When employers posting workers and contractors are liable for unpaid remuneration

The principle of joint and several liability applies in the case of workers posted to Poland to carry out construction work or building maintenance work.

This means that both the employer posting a worker to Poland and the contractor that assigns work are liable for unpaid remuneration for work.

This concerns work such as excavation, earthmoving, assembly and dismantling of prefabricated elements, fitting out or installation, renovation, dismantling, demolition, maintenance, and painting and cleaning work.

The contractor assigning this work and the employer posting a worker are jointly and severally liable towards a worker posted to the territory of Poland for unpaid remuneration due to that worker for this work, up to the minimum remuneration for work for each month, as well as remuneration and an allowance for overtime.

When contractors are not jointly and severally liable

Contractors will not be jointly and severally liable if they exercise due diligence, i.e. meet the requirements listed below.

In the case of short-term posting (up to 12 months), during which the minimum range of the conditions of employment corresponding to the conditions applicable to Polish workers apply to a worker, a contractor must meet the following cumulative conditions:

• provide to the employer posting the worker to the territory of Poland written information on the conditions of employment, in respect of:

  • the standards for and duration of working time and daily and weekly rest periods
  • the duration of annual leave
  • remuneration for work
  • occupational health and safety
  • the protection of pregnant female workers and during maternity leave
  • the employment of adolescents and the performance of work or other gainful activities by children
  • the principle of equal treatment and the prohibition of discrimination in employment
  • reimbursement of the costs of business travel from the place of work in the territory of Poland to which the worker was posted to another place of work in the territory of Poland or outside the territory of Poland
• receive a confirmation of submission of a declaration on the posting of a worker to the territory of the Republic of Poland to the National Labour Inspectorate from the employer posting the worker.

In the case of long-term posting (above 12 months or above 18 months – if the entity posting a worker submits a motivated notification to the National Labour Inspectorate (PIP)), during which a broad range of the conditions of employment corresponding to the conditions applicable to Polish workers apply to a worker, a contractor must meet the following cumulative conditions:

• provide to the employer posting the worker to the territory of Poland written information on all the conditions of employment applicable to workers posted to the territory of Poland, excluding the rules and procedure for the conclusion and termination of employment contracts and the use of non-competition clauses, occupational pension schemes and employee capital plans
• receive a confirmation of submission of a declaration on the posting of a worker to the territory of the Republic of Poland to the National Labour Inspectorate from the employer posting the worker.

If a worker hired out by a temporary employment agency or a placement agency to a user employer in the territory of Poland is posted to the territory of Poland and if a temporary employment agency or a placement agency hires out a worker to a user employer in the territory of the same or another Member State and that user employer then temporarily refers this worker to the territory of Poland, a contractor must meet the following cumulative conditions:

• provide to the employer posting the worker to the territory of Poland written information on the working conditions and other conditions of employment applicable to temporary agency workers in Poland, arising from laws, collective agreements and other collective arrangements based on laws, and rules and statutes setting out the rights and obligations of the parties to the employment relationship
• provide information on the conditions of accommodation, where provided to workers away from their regular place of work under collective agreements and other collective arrangements based on laws, and rules and statutes setting out the rights and obligations of the parties to the employment relationship
• receive a confirmation of submission of a declaration on the posting of a worker to the territory of the Republic of Poland to the National Labour Inspectorate from the employer posting the worker.

Important! The contractor may inform the employer posting the worker about the working conditions and other conditions of employment applicable to temporary agency workers in Poland by indicating a website on the posting of workers in the framework of the provision of services on which the information on the conditions of employment is published.

If the website containing the information on the terms and conditions of employment of temporary agency workers is indicated, the contractor additionally provides to the temporary employment agency or placement agency written information on the conditions of employment arising from collective agreements and other collective arrangements based on laws, and rules and statutes setting out the rights and obligations of the parties to the employment relationship applied by this employer, and information on the conditions of accommodation, where provided to workers away from their regular place of work under collective agreements and other collective arrangements based on laws, and rules and statutes setting out the rights and obligations of the parties to the employment relationship.