Zatrudnianie pracowników tymczasowych
If you are using the services of an employment agency and employ temporary workers you should know your obligations associated with it.
To understand the provisions on temporary work, basic definitions are important:
- Employer-user - an employer or any other entity which is not an employer entrusting employee directed by a temporary employment agency with tasks and supervising their implementation.
- Temporary worker - a worker employed by a temporary employment agency for the sole purpose of performing temporary work to the benefit, and under the management, of the employer-user.
- Temporary work - performance for the benefit of the employer-user (during a period no longer than the period specified in legislation) of tasks:
- of seasonal, periodic or occasional nature or
- whose timely performance by the workers of the employer -user would not be possible.
- whose execution falls within the scope of resposibilities of an absent worker employed by the employer-user.
The period of performance of the temporary work
- The temporary employment agency may refer the temporary worker to perform temporary work for an employer-user for a total period of 18 months over a period of 36 consecutive months. At the same time, the employer-user can benefit from the work of the same temporary agency worker for a total period of not more than 18 months in total over a period of 36 consecutive months.
- The temporary employment agency may refer the temporary worker to perform continuously for a period of no longer than 36 months temporary work for a single employer-user, covering the tasks of an absent worker and the employer-user can benefit from the work of such temporary worker for the same period. In such a case, the temporary worker may be sent by the temporary work agency to the same employer-user to perform temporary work to his benefit not earlier than after 36 months.
- The employer-user - regardless of whether a temporary worker is sent to perform the temporary work from one or several agencies, he/she will not be able to benefit from work of the same employee beyond the limits set out in the legislation.
- Importantly, there are time limits for the performance of temporary work under emplyment contract, as well as civil law contracts and in a situation of alternating performance of temporary work, once under an employment contract and then under a civil law contract or vice versa
Restrictions on the use of temporary work
A temporary worker may not be entrusted the work which is particularly dangerous and in the post where the regular employee works "permanently" but is on a strike. In addition, temporary worker may not be required to work in the role which, during the period of 3 months preceding the planned commencement of the temporary work by a worker dismissed from employment on grounds not relating to the employee. This reservation also concerns a situation where the work would be performed in any organisational unit of user-employer located in the municipality on the territory of which there is or there was an organizational unit where a redundant worker was employed.
Arrangements between an employer-user and a temporary employment agency
Upon concluding a contract with a temporary employment agency, as ‘employer-user, you have certain obligations. You should agree with the agency in writing the following:
- the type of work which is to be assigned to the temporary worker;
- qualifications required to perform the work which is to be assigned to the temporary worker;
- the anticipated duration of the temporary work assignment;
- length of working time of the temporary worker;
- the place where temporary work is to be performed.
When using the services of temporary staff by the agency, you should infom them in writing about:
- remuneration for work which is to be assigned to the temporary worker, as stipulated in the rules on remuneration in force at the user-employer and the internal rules on remuneration in force at the given user-employer and at the request of temporary employment agency shall submit those regulations (you must also inform immediately about changes)
- conditions for the performance of the temporary work in the area of occupational health and safety.
- should circumstances occur impeding the start of temporary work, that is employment relationship is terminated on grounds not relating to employees, within the 3 months preceding the starting date of temporary employment with the same kind of work performed by a dismissed permanent employee.
You are also required to provide a temporary worker with working clothes and footwear and individual protection measures, provide refreshments and meals, carry out training on occupational health and safety, to determine the circumstances and causes of work accidents, conduct occupational risk assessment and report on this risk.
Prior to the conclusion of the contract, you should consult the employment agency:
- the scope of information on the course of the temporary work which affects the amount of remuneration for work of the temporary worker and the method and deadline for the submission of such information to the temporary employment agency for the purpose of the correct calculation of the worker's remuneration for work;
- the scope of delegating the duties of an employer from temporary employment agency to the employer-user regarding occupational safety and hygiene, other than those arising from the rules;
- the scope of delegating the employer's obligations to the employer-user regarding payment to cover the costs of a business trip.
The content of these arrangements the temporary employment agency shall notify of in writing the person who is to be entrusted with performance of temporary work, prior to the conclusion of a contract.
Temporary employment agencies are obliged to provide temporary staff with information enabling direct contact to be with representatives of agency and inform of any change to this information. Thus, temporary workers are able to contact their employer, namely the temporary employment agency.
Temporary workers, like other workers may choose a labour court competent to hear their claims against temporary work agency.
The temporary worker leave
The employer-user and the employment agency may decide whether the temporary worker shall take leave in full or in part during the perfomance of temporary work.
If the period of performing work for your company by the temporary worker lasts 6 months or more, you must enable him to use his/her leave during that period.
The rights and obligations of the employer-user
As the user-employer:
- you must ensure that the temporary worker has safe and healthy conditions at the place of work;
- you must keep a record of the working hours of the temporary worker (in the same way as in the case of the permanent workers);
- you cannot entrust the employee with work other than specified in the contract or entrust him with work for and under the management of another entity.
- you must also keep a record of workers performing temporary work under employment contract and civil law contract, including start date and end date of performance of such work over a period of 36 consecutive months and keep records thereof during the period of keeping it and period immediately following 36 months.
Please note that the temporary employee cannot be treated less favourably as regards working conditions and other terms of employment than employees employed on a permanent basis.
The amount of fine for infringements of the rights of temporary worker is the same as in the Labour Code, i.e. from PLN 1 000 to PLN 30 000.
The employment of temporary workers by an employer who is a temporary employment agency and management of such workers and individuals who are not employees of a temporary employment agency to perform temporary work to the benefit of an employer-user, shall be subject to the conditions provided for in the Act of 9 July 2003 on the employment of temporary workers.Share Print