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The rule of joint and several liability

Workers posted to provide services in Poland are entitled to the remuneration due.  If there is a problem with the payment of remuneration, the question arises who is responsible?  In accordance with the mechanism of joint and several liability, obligations are incumbent on an employer posting workers to work in Poland, as well as on contractor, who entrusts the execution of work. This is a rule of joint and several liability. In the case of workers posted to Poland, it applies in the context of  construction or maintenance works, in particular such as: 

  • excavation,
  • earthworks,
  • assembly and dismantling of prefabricated elements; 
  • renovation
  • demolition
  • maintenance
  • painting and cleaning work.

The contractor shall be jointly and severally liable for the obligations in respect of payment of the outstanding minimum wage and remuneration together with the allowance for overtime work. Joint and several liability in respect of the above mentioned liabilities is governed by the Civil Code.

When the contractor is not held liable

The contractor shall not be held jointly and severally liable in the event of exercising due diligence consisting in meeting certain conditions:

1. The transfer of written information to an employer posting a worker to the territory of the Republic of Poland relating to:

  • standards and working hours, and daily and weekly rest periods;
  • annual leave;
  • minimum wage determined on the basis of separate provisions. In addition, in the case of an employer established in a non-member State, the amount of salary, which will be paid to a foreigner for the performance of work may not be lower than 30 % of the average wage in the voivodship, published by the President of the Central Statistical Office;
  • the amount of salary and allowance for overtime work;
  • health, safety and hygiene at work;
  • protection of women workers during pregnancy and during maternity leave;
  • the employment of minors and performing work or other gainful activities by a child;
  • the principle of equal treatment and the prohibition of discrimination in employment referred to in article 112 i art. 11of the Act of 26 June 1974 – the Labour Code;
  • performing of work in compliance with the provisions on the employment  of temporary  workers;

2.  Confirmation of receipt of a declaration from the employer containing the following information necessary to carry out a factual controls at the workplace:

  • identification data of the employer include:
    • the name,
    • the seat (address) and phone number and business e-mail address and where the employer is a natural person - his place of residence (address) and phone number and business e-mail address,
    • the tax identification number NIP or identification number obtained in the Member State of residence of the employer for tax and insurance purposes;
  • the anticipated number of workers posted to the territory of Poland together with the data, including their name and surname, date of birth and nationality;
  • the forecasted date of the start and end of the posting of workers in the territory of Poland;
  • workplace addresses of posted workers in the territory of Poland;
  • nature of the services justifying the posting of workers in the territory of Poland;
  • data of the person authorised to liaise when dealing with the National Labour Inspectorate and to send and receive documents or notifications, staying in Poland during the period of posting, including name and surname, address of residence, telephone number and business e-mail address - in the case of employers from the EU, and in the case of employers from outside the EU, staying in Poland and authorised to represent the employer before the National Labour Inspectorate, including his/her name and surname, address of residence, telephone number and business e-mail address
  • storage place of:
  • a copy of the employment contract of a worker posted to the territory of Poland or another equivalent document certifying the conditions of employment that has been established in the framework of an employment relationship;
  • record of the working time of the posted worker in the territory of Poland for the starting and finishing times and the number of hours worked on a given day or copies thereof;
  • documents setting out the amount of the remuneration of the posted worker in the territory of Poland together with the amount of deductions made in accordance with applicable law and proof of payment of remuneration to the worker or copies thereof.

If the worker posted to the territory of Poland is to perform work for the user-employer within the meaning of the legislation on the employment of temporary workers, the statement also includes the identification data of the employer, i.e.:

  • name,
  • seat (address) and phone number and business e-mail address and where the employer is a natural person - his place of residence (address) and phone number and business e-mail address,
  • tax identification number (NIP) or identification number obtained in the Member State in which the employer is established for tax and insurance purposes

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