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04.09.2020

Amendments to the legislation on posting

The duties of an employer posting a worker to the territory of the Republic of Poland include submitting to the National Labour Inspectorate a declaration of the employer on the posting of a worker to the territory of the Republic of Poland – at the latest on the date of commencement of the service provision.

If any data contained in the declaration changes, the posting employer is also obliged to submit a notification of changes in data included in the declaration of the employer on the posting of a worker to the territory of the Republic of Poland – no later than within 7 working days from the date of the change.

An employer posting a worker (who is not a temporary worker) to the territory of the Republic of Poland, within the period of up to 12 months of posting to work in Poland, is obliged to provide them with appropriate employment conditions guaranteeing minimum protection, resulting from the provisions of the Labour Code and other provisions regulating the rights and obligations of employees in the following areas:

  • working time standards/regulations and working hours as well as daily and weekly rest periods,
  • the length of annual leave,
  • remuneration for work (encompassing all mandatory wage components, including overtime allowance),
  • health and safety at work,
  • protecting pregnant workers and workers on maternity leave,
  • hiring juvenile workers,
  • the performance of work or other gainful activity by a child,
  • the principle of equal treatment and the prohibition of discrimination in employment,
  • payments to cover the costs of business travel from the place of work in the territory of Poland, to which the employee was posted, to another place of work in or outside the territory of Poland.

The period during which the above conditions of employment must be provided to posted workers may be extended to a maximum of 18 months of posting if a motivated notification is lodged with the National Labour Inspectorate. The motivated notification should be submitted to the NLI before the end of 12 months of posting.

In the case of failure to submit such a notification, at the end of 12 months of posting, an employer posting an employee to the territory of the Republic of Poland is obliged to provide that employee with full employment conditions no less favourable than those resulting from the provisions of the Labour Code and other regulations governing the rights and obligations of employees – the same as those of an employee employed by a Polish employer, with the exception of regulations concerning: principles and procedures of conclusion and termination of employment contracts and application of non-competition clauses, as well as employee pension schemes and employee capital plans.

In the case of lodging a motivated notification, an employer posting an employee to the territory of the Republic of Poland will be obliged to provide that employee with full employment conditions no less favourable than those resulting from the provisions of the Labour Code and other regulations governing the rights and obligations of employees, with the exceptions indicated above, only upon the lapseof 18 months of posting.

The declaration on the posting of a worker to the territory of the Republic of Poland, notification of changes in the data included in the declaration or a motivated notification should be submitted in Polish or English, in electronic or paper form.

The rules on submitting documents to the NLI remain unchanged. Forms sent by e-mail will still not be accepted.

The provisions regulating the terms and conditions of employment which the posting employer is obliged to provide to the posted employee in the period: up to 12 months or – in the case of a motivated notification – up to 18 months of posting to work in Poland and over 12 months or – in the case of a motivated notification – over 18 months of posting to work in Poland, do not apply to an employer who is a temporary employment agency or an agency hiring out personnel, and who sends the temporary employee to work for:

  • an employer user in the territory of Poland,
  • an employer user in the territory of the same or another Member State, who then temporarily directs that employee to work in the territory of Poland (as part of services provided to a Polish entity).

The terms and conditions of employment guaranteed to a temporary worker who is posted to the territory of the Republic of Poland should, from the first day of posting, be no less favourable than those of domestic temporary workers:

  • as defined in the Act of 9 July 2003 on the Employment of Temporary Workers and Other Provisions Governing the Rights and Obligations of Workers,
  • arising from collective bargaining agreements which are not generally applicable (company or sector agreements), other collective agreements based on the law as well as regulations and statutes which define the rights and obligations of the parties to the employment relationship (this includes, but is not limited to, remuneration and accommodation conditions if these are provided for employees who are away from their normal workplace)

- under the same rules as the ones followed when guaranteeing these terms and conditions to domestic temporary agency workers.

An employer posting a temporary employee to work in the territory of Poland is obliged to submit to the National Labour Inspectorate a declaration on the posting of an employee to the territory of the Republic of Poland, indicating also the data of the employer user in Poland and - in case of any change in the data included in this declaration – a notice of changes in the declaration on posting of an employee to the territory of the Republic of Poland.

For more information about the new regulations on posting of workers in the framework of the provision of services go to the portal for entrepreneurs Biznes.gov.pl, tab https://www.biznes.gov.pl/pl/firma/pracownicy-w-firmie/chce-delegowac-pracownika and to the NLI website in Polish and English at the address: https://www.pip.gov.pl/pl/informacje-dla-obcokrajowcow/delegowanie-pracownikow-nowe-przepisy