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Posting of workers in the framework of the provision of services in the territory of 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.

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.  For details please refer to article The conditions of employment of workers posted to the territory of Poland.

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 - ia portal www.biznes.gov.pl.  Submitting both the declaration and notification is obligatory.

More information on your obligations you can find out from the article Posting of workers to Poland -  obligations of the employer.

Important!  The new rules on the posting of workers in the territory of Poland entered into force 18 June 2016. Entrepreneurs who posted entrepreneurs to Poland before that date and the posting was ogoing on the day the Act entered into force, are obliged to submit a statement on the posting of workers within 3 months from the date of entry into force of the Act on the posting of workers in the framework of the provision of services (i.e. by 18 September 2016). Furthermore, they are required to fulfil the obligation to store documents relating to workers (copy of the employment contract, documentation on working time, documents relating to the amount of wages) within 3 months from the date of entry into force of the Act.

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 Chief 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.

Beata Krajewska – chief specialist

Contact data

National Labour Inspectorate  Chief Labour Inspectorate

Department of Employment Legality

ul. Barska 28/30
02-315 Warszawa

tel. 22 391 82 96
fax. 22 391 82 97
e-mail: kancelaria@gip.pip.gov.pl

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.  To find out more about this read the article on joint and several liability.

Where can you find information?

Do you want to know more about your rights and obligations?  You have the right to expect information from the Polish institution. Find out from which institution you can request assistance.

Complaints procedure

The article Complaints and claims of a posted worker to Poland explains how the procedure for submitting a complaint to the National Labour Inspectorate look like and redress relating to performance of work in the territory of Poland before the Court.

Find out more about the European and Polish provisions on the posting of workers.

 

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