See what are the formalities related to posting of workers to Poland
You are a foreign entrepreneur, who is planning to post workers for the provision of services in the territory of Poland? If so, you should know that you would need to fulfil certain obligations. These include, inter alia, the terms and conditions of employment of posted workers, as well as providing information to the institutions responsible in Poland for compliance with the provisions relating to employment. The provisions govern the rights of posted workers in disputes connected with performing work in the territory of Poland.
It is also important to know that you have the right to expect from the administration in Poland, up-to- date and comprehensive information about the conditions, rights and obligations that arise from posting of workers.
At the biznes.gov.pl we will explain these key issues relating to the posting of workers in the territory of Poland.
If you are a Polish entrepreneur who uses the services of staff posted to Poland, you should also check the rules on posting. In accordance with them, you will be responsible (jointly and severally with a company posting workers to Poland), inter alia, for possible problems with the payment of salaries.
What you should remember if you want to post workers to Poland
Conditions of employment of posted workers
Planning the provision of services by posted workers in Poland, you should first consult the regulations governing the terms and conditions of their employment.
Designating a person for cooperation with the National Labour Inspectorate (PIP)
If you post employees to work in Poland, you should, inter alia, designate the person for cooperation with the National Labour Inspectorate (this institution is responsible for monitoring and control of compliance with labour laws, in particular the provisions and principles of health and safety at work, and the provisions concerning the legality of employment and other gainful work specified in the Act on the National Labour Inspectorate). Appropriate person should represent you during possible inspection.
An employer from the EU
In the case of an employer established in a Member State, he/she designates the person authorised to liaise when dealing with the National Labour Inspectorate and to send documents and notifications, staying in the territory of Poland. At the request of the National Labour Inspectorate (PIP) this person forwards immediately to PIP the data of a person authorised to represent the employer during the audit.
An employer from outside the EU
In the case of an employer established in a non-Member State, he/she shall indicate the person acting on his/her behalf who is staying in the territory of the Republic of Poland and is authorised to represent him /her before the National Labour Inspectorate.
Submitting a statement on the posting of workers
A very important responsibility, which you should complete at the latest on the date of starting the provision of services, is submitting a declaration to the National Labour Inspectorate. It shall contain information which is useful in case of the Labour Inspectorate control. You can submit a statement on the posting of a worker to the territory of Poland via biznes.gov.pl. If you change the data in the statement, you can complete and submit the notification by portal www.biznes.gov.pl. Submitting both the declaration and notification is obligatory.
Joint and several liability
You should be aware that your Polish partner who ordered your company carrying out services connected with construction in Poland, is just to the same extent as you responsible for matters relating to the remuneration of workers.
Employees may lodge complaints with the National Labour Inspectorate and pursue claims related to performing work in the territory of Poland before the court.
Sources of additional information on posting provisions
The primary source of information on the rights and obligations related to the posting of employees will be the Act on the posting of employees in the framework of the provision of services and the contact point of busines.gov.pl. If you would like further information on employment regulations, rights and obligations, insurance issues, tax issues, etc., please contact the institutions listed below.
State offices and institutions
Non-govermental organisations, foundations
The person responsible for the posting of workers to Poland
Provisions also require the designation of a person responsible within the National Labour Inspectorate for providing information about the terms and conditions of employment, and their application to the posted worker in the territory of Poland.
The person responsible in the National Labour Inspectorate for providing information about the terms and conditions of employment, and their scope of application to the posted worker in the territory of Poland.
tel. 22 111 35 28
National Labour Inspectorate Chief Labour Inspectorate
Department of Employment Legality
ul. Barska 28/30
fax. 22 391 82 14