Conditions of employment of workers posted to Poland

Posting workers to provide services in the territory of Poland you should know that the conditions under which they are employed, must be in accordance with Polish legislation. The basic principle is that those conditions may not be less favourable than those applicable under the Polish provisions (in particular the Labour Code)

What are the conditions of employment

The conditions of employment you should provide to the posted worker in the territory of Poland refer to (click on the links below for more information):

• the standards and working hours and daily and weekly rest periods
• the length of annual leave
• minimum remuneration for work
• the salary and amount of allowance for overtime work
• health and safety at work (health care, training on health and safety at work, accidents at work and occupational diseases)
• protection of women workers during pregnancy and during maternity leave,
• the employment of minors and performance of work or other gainful activities by a child
• the principle of equal treatment and the prohibition of discrimination in employment
• work in accordance with the legislation on the employment of temporary workers.

You are not always obliged to provide the above-mentioned conditions of employment.  If a posted worker performs provided for in the contract with a company in Poland preliminary assembly or installation which is necessary for the use of the supplied product, the following employment conditions are not applicable:

• the length of annual leave
• minimum remuneration for work
• amount of remuneration and allowance for overtime work.

One condition, however, is that this work shall be performed for a period of no longer than 8 days in a year, starting from the day of commencing work in the particular position.

Note that these provisions do not apply where posted workers are carrying out work related to the construction or maintenance of the work, in particular:  excavation, earthworks, assembly and dismantling of prefabricated elements, fitting out and installation, renovation, dismantling, demolition, maintenance, painting and cleaning work.  This means that you must provide them with all of the above-mentioned working conditions.

The provisions concerning employment conditions of posted workers in the territory of Poland in the framework of the provision of services do not apply to merchant navy undertakings as regards  merchant vessels crews and international transport, excluding cabotage operations.