Rules for the posting of workers by temporary employment agencies and placement agencies

Conditions of employment of posted workers by agencies

Temporary employment agencies and placement agencies that hire out workers to user employers in Poland provide to such workers during the period when they work for the user employers working conditions and other conditions of employment no less favourable than those applicable to temporary agency workers under the Polish laws on the employment of temporary agency workers.

The same rule applies to temporary employment agencies or placement agencies that refer temporary agency workers to user employers in the territory of the same or another Member State, and those user employers then temporarily assign those workers to the territory of Poland.

Apart from the conditions of employment arising from the generally applicable Polish laws on temporary agency work, the conditions of employment arising from, inter alia, collective agreements and other collective arrangements based on laws (as well as rules and statutes setting out the rights and obligations of the parties to the employment relationship), which are not generally applicable, must also be provided to temporary agency workers posted to the territory of Poland, on the same terms as those guaranteed to national temporary agency workers. This also applies to accommodation if it is provided to workers away from their regular place of work.

Obligations of user employers

A user employer who uses temporary agency work must provide the following information to a foreign temporary employment agency or placement agency, i.e. the employer posting a worker:

• written information on the website containing information on the terms and conditions for the performance of temporary agency work in Poland
• written information on the conditions of employment arising from collective agreements and other collective arrangements, and rules and statutes setting out the rights and obligations of the parties to the employment relationship applied by the user employer concerned, including on the conditions of accommodation
• information on the intention to assign this worker to another Member State, at least 15 working days before the planned assignment.

An employer who posts a worker from the territory of the Republic of Poland for a period exceeding 4 consecutive weeks is obliged to update information on the terms and conditions of employment and, in addition, inform the employee in paper or electronic form about the following:

• remuneration for work payable under the law of the Member State in the territory of which the worker has been posted;
• posting allowance or provisions for the reimbursement of expenses for travel, food and accommodation, where such benefits are provided for by labour laws, provisions of regulations, statutes, collective agreements or other collective arrangements, or receivables for expenses related to business travel;
• a link to the official website, maintained by the Member State on whose territory the worker has been posted, containing information on the terms and conditions of employment that must be applied to posted workers.

An employer who posts a worker from the territory of the Republic of Poland for a period exceeding 4 consecutive weeks is required to provide the information immediately, but no later than on the date on which the changes will affect the worker.

A worker posted from the territory of the Republic of Poland may ask you for information. However, this cannot be the basis for any unfavourable treatment of the employee, nor can it be a reason justifying termination of the employment contract or termination without notice.

A worker who believes that the employment contract has been terminated with them or that an action with equivalent effect to termination of employment has been applied due to seeking information, may, within 7 days of the date on which the worker received notice of termination of employment, submit a request to learn the reasons for such termination.

It is your duty to respond to the worker’s request within 7 days.

A worker whose right to information has been violated will be entitled to compensation not lower than the minimum remuneration.

In this way, the temporary employment agency or placement agency is able to provide to the temporary agency worker posted to the territory of Poland the same conditions of employment and working conditions as those applicable to local temporary agency workers.

Important! User employers who do not provide this information to foreign temporary employment agencies or placement agencies commit an offence punishable by a fine of PLN 1 000 to PLN 30 000.

Obligations of employers posting workers

A temporary employment agency or a placement agency that posts a worker to the territory of Poland must notify the National Labour Inspectorate of this fact by submitting a declaration on the posting of a worker to the territory of the Republic of Poland. The declaration should be submitted to the National Labour Inspectorate at the latest on the day on which services begin to be provided in Poland, which is the first day of work of the worker posted to the territory of Poland.

Such a declaration must also by submitted by a foreign temporary employment agency or placement agency if a user employer from another Member State temporarily assign to the territory of Poland a worker assigned to that user employer by this agency.

See how to submit a declaration on the posting of a worker to the territory of Poland.

Important! An employer posting the workers who does not submit a declaration on the posting of a worker to the territory of the Republic of Poland to the National Labour Inspectorate within the required deadline commits an offence punishable by a fine of PLN 1 000 to PLN 30 000.

A declaration on the posting of a worker to the territory of Poland by a foreign temporary employment agency or placement agency should contain the following information:

• the identification details of the employer posting workers: the name, the registered office (address) and the company telephone number and email address; and the place of residence (address) and the company telephone number and email address for an employer who is a natural person; as well as the Tax Identification Number NIP or the identification number assigned in the Member State of establishment for tax or insurance purposes
• the identification details of the user employer: the name, the registered office (address) and the company telephone number and email address; and the place of residence (address) and the company telephone number and email address for an employer who is a natural person; as well as the Tax Identification Number NIP or the identification number assigned in the Member State of establishment for tax or insurance purposes
• the anticipated number of workers posted to the territory of Poland, together with such details as their full names, dates of birth and nationalities
• the envisaged dates of the beginning and end of the posting of the workers to the territory of Poland
• the addresses of the places where the posted workers will work in the territory of Poland
• the type of services justifying the posting of the workers to the territory of Poland
• the details of the person responsible for contacts between the National Labour Inspectorate and the employer posting the workers, covering that person’s full name, the address of the place of stay, and the company telephone number and email address
• the place where documents on the posted worker are kept in Poland,
• the name of the user employer.

If the information contained in the declaration on the posting of a worker to the territory of the Republic of Poland changes in any way during the posting, the employer temporarily posting the worker to Poland must notify the National Labour Inspectorate accordingly by submitting a notification of changes in the data in the declaration on the posting of a worker to the territory of the Republic of Poland.

The notification should be submitted to the National Labour Inspectorate within 7 working days from the date of these changes.

Important! An employer posting the worker who does not submit a notification of changes in data in a declaration on the posting of a worker to the territory of the Republic of Poland to the National Labour Inspectorate within the required deadline commits an offence punishable by a fine of PLN 1 000 to PLN 30 000.

See how to submit a notification of changes in data in a declaration on the posting of a worker to the territory of Poland.