Posting of workers to the Polish territory - the employer's obligations
Posting of workers to work in Poland means for you as an employer a number of duties. Get acquainted with the most important of them.
Submitting the statement on the posting of a worker
By the date of commencement of the provision of services in Poland you should submit to the National Labour Inspectorate (PIP for short - the institution responsible for the supervision and control of compliance with Polish regulations, in partucular health and safety regulations and provisions on legality of employment and other gainful work to the extent defined in the Act on the National Labour Inspectorate) a special statement. You will find the necessary data that will allow to identify the place of provision of services, eg. in case of the PIP control. The data include company name, registered office, the number of posted workers, workplace addresses of posted workers, start and end dates of posting, location of storage documentation.
If an employee posted to the Polish territory is to perform work for the user employer (this is the entity for whom work is done by a temporary worker), the statement also includes the identification data of the user employer (name, location, contact data, tax identification number)
A notification of change in data
If the information in a statement on the posting of a worker has changed, you have an obligation to inform the National Labour Inspectorate of the change no later than 7 working days from its occurrence.
Where to submit a statement
The statement and notification can be submitted in Polish or in English in written form on paper or electronically. The most convenient way for you will be to submit a statement electronically via biznes.gov.pl.
Links to appropriate procedures can be found below.
- Procedure of submitting the statement on the posting of a worker to the territory of the Republic of Poland
- Procedure of notifying of changes in data included in the statement on the posting of a worker to the territory of the Republic of Poland
Links to relevant applications can be found below:
- An employer's statement posting a worker to the territory of the Republic of Poland
- A notification of change of the statement of the employer posting a worker to the territory of the Republic of Poland
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 is ongoing 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 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.
Designation of a person authorized to liaise with the National Labour Inspectorate – employer established in a Member State of EU
Your another responsibility is to appoint the person authorized to mediate in contacts with the National Labour Inspectorate. This person will be responsible for sending and receiving documents or notifications. Importantly, during the posting, he/she should be available in the Polish territory. You cannot appoint a person who in the course of providing services by posted workers in Poland is in the country of origin of your company.
The transfer of data of the person authorized to represent your company during the inspection- an employer established in a Member State
The person you designate for contacts with the National Labour Inspectorate (PIP), at the request of this institution should immediately give further details of the person authorized to represent you during any inspection of PIP. Data of this person include: name and surname, address, in which he resides, and phone number and business e-mail address. At the request of PIP, in connection with the control, this person should be available in the territory of Poland.
An employer from outside the EU
NOTE! If you are an employer established in a non-EU Member State, you appoint a person acting on your behalf, staying in the Polish territory and authorised to represent you before the National Labour Inspectorate. This person should also have documents confirming implementation of responsibilities on the terms and conditions of employment. Data of this person include: name and surname, address of residence, telephone number and business e-mail address.
Storing and making documents available
Posting a worker to the Polish territory you are required to keep in Polish territory the following documents (in paper or electronic form)
1. a copy of the employment contract of a worker posted to the territory of the Republic of Poland or other equivalent document certifying the conditions of employment in the framework of the established employment relationship;
2. documentation concerning the working time of a worker posted to the territory of the Republic of Poland in terms of start and end of work and the number of hours worked on a given day or its copy;
3. documents defining salary of a worker posted to the Republic of Poland, together with the amount of deductions made in accordance with applicable law and evidence of payment of salary to the employee or their copies.
If the National Labour Inspectorate requires from you these documents, you are obliged to deliver them (together with a translation into Polish) no later than:
• within 5 working days from the date of receipt of the application for access, if this is done during the work of your staff in Poland;
• within 15 working days from receipt of the application, if PIP asks you for documents within a period of 2 years after completion of the work by a posted worker. The application may also include a request for translation of certain documents into Polish.
Documents can be submitted in paper or in electronic form as an attachment to a general letter - via biznes.gov.pl.Share Print