Temporary Employment in Poland: Rights, Responsibilities, and Key Aspects

Temporary employment in Poland is a flexible and important solution for companies that face changing demands for workers, seasonal workload increases, or the need to hire for a short period. In this type of employment in Poland, the employee is hired by a temporary employment agency but performs tasks for the user employer (the company where the work is carried out). In this article, we will take a closer look at the key elements of temporary employment in Poland, including the details of the contract, the types of work that a temporary employee can perform, their vacation rights, and protection during pregnancy.

What Should a Temporary Employee’s Contract Contain?

The contract between the temporary employee and the temporary employment agency in Poland must be concluded in writing. If the contract has not been signed in writing, the temporary employment agency in Poland is obliged to confirm the terms of the contract in writing to the employee no later than the second day of work.

The employment contract with a temporary employee in Poland should include the following key elements:

• Parties to the contract – Identification of the names and addresses of the temporary employment in Poland agency and the employee.
• Date of the contract – The date on which the contract is signed.
• Details of the user employer – Identification of the company (user employer) for which the work will be performed.
• Employment period – The period for which the employment contract is concluded, indicating the duration of temporary employment in Poland.
• Type of work – Specification of the tasks to be assigned to the temporary employee in Poland.
• Working hours – Determination of working hours (full-time, part-time).
• Place of work – Identification of the location where the work will be carried out.
• Salary – Determination of the wage and conditions for its payment by the temporary employment agency.

It is important to emphasize that temporary employment in Poland for one user employer cannot last longer than 18 months within a 36-month period. This means that after 18 months of temporary employment at the same company, the employee cannot continue employment at the same position until at least 18 months have passed.

What Types of Work Can a Temporary Employee Perform, and What Is Prohibited?

A temporary employee in Poland can only perform certain types of work that are temporary, seasonal, or incidental in nature. The tasks assigned should be related to the temporary needs of the user employer that could not be met by permanent employees.

Certain types of work are prohibited for temporary employees, including:

• Particularly hazardous work – Temporary employees cannot be hired to perform work that is particularly dangerous, such as work in high-risk conditions.
• Substitution during a strike – A temporary employee cannot replace a permanent employee who is participating in a strike.
• Work similar to tasks performed by a dismissed employee – A temporary employee cannot perform the same work that was done by an employee who was dismissed within the last 3 months before the expected start date of the temporary work.
• Work requiring weaponry – A temporary employee cannot perform work that involves carrying firearms or other tools that require special permits.

Vacation Rights of Temporary Employees

Temporary employees in Poland have the right to vacation on the same terms as permanent employees. They are entitled to two days of vacation for every month worked for one or more user employers.

Vacation should be granted on days that would normally be working days for the employee. If the temporary employee does not use their vacation during the employment period, the temporary employment agency in Poland must pay them monetary compensation for unused vacation days. If the employee continues working, the compensation is not paid.

Temporary Employment and Pregnancy

Temporary female employees who have worked a total of at least two months under an employment contract are entitled to have their contract extended until the day of childbirth. This is in accordance with labor code provisions that provide protection for pregnant employees.

The two months mentioned also include any previous periods of temporary employment in Poland that took place during the last 36 months before the employment contract was concluded.

Right to Terminate the Temporary Contract

The fixed-term employment contract concluded with a temporary employee in Poland can be terminated earlier by either party, subject to the following notice periods:

• Three-day notice – If the contract was concluded for a period not exceeding two weeks.
• One-week notice – If the contract was concluded for a period longer than two weeks.

After the completion of temporary work, the temporary employment agency in Poland is obliged to issue an employment certificate. This certificate contains information about all user employers for whom the temporary employee performed duties.

Equal Treatment of Temporary Employees

Temporary employees cannot be treated less favorably than permanent employees working in the same or similar positions. This applies to working conditions, wages, access to training, or other benefits such as perks.

Summary

Temporary employment in Poland is a flexible solution that helps companies adjust the number of employees to changing needs. It is essential for both employers and temporary employees to understand their rights and responsibilities within this form of employment in Poland. A clear contract, adherence to rules regarding wages, vacation, and protection of employees (especially during pregnancy) are the foundation of effective cooperation. It is also important to follow regulations regarding the types of work that can be assigned to a temporary employee and ensure equal treatment compared to permanent employees.

Source: https://zielonalinia.gov.pl/-/praca-tymczasowa