When Can You Hire a Temporary Worker in Poland?

Temporary work in Poland is a popular solution for businesses in need of quick staffing for a defined period. By working with temporary employment agencies, employers can adjust their teams’ size to meet fluctuating market conditions. Before hiring a temporary worker, it’s essential to understand the regulations surrounding this type of employment. In this article, we’ll discuss when you can hire a temporary worker, the employer’s obligations to the agency and the worker, and how long such work can last.

What is Temporary Work in Poland?

Temporary work in Poland is carried out for an employer, referred to as the “user employer.” A temporary worker is employed by a temporary employment agency, which is responsible for paying wages, social security contributions, and other obligations related to the employment relationship. This type of employment is time-bound and serves specific needs of the user employer, such as seasonal, periodic, or ad-hoc tasks.

Temporary work can occur in situations like:

• Seasonal work – e.g., harvest work, tourism-related jobs,
• Periodic work – e.g., an increase in staff during peak demand periods,
• Replacement for an absent employee – e.g., during vacation, illness, or other absences.

When Can’t You Hire a Temporary Worker?

Although temporary work in Poland offers flexibility, there are certain situations where it cannot be utilized. The regulations specify when this type of employment is not allowed:

1. Particularly dangerous work – A temporary worker cannot be assigned to work that is especially hazardous, such as tasks involving high-risk conditions or requiring specialized certifications.
2. Positions involving participation in a strike – A temporary worker cannot replace a permanent employee who is on strike.
3. Jobs requiring special permits – Temporary workers cannot be assigned to positions that require firearms or other specialized tools that require a permit.

Additionally, if an employer has terminated an employee on a particular position that will soon be assigned to temporary work within three months prior to the planned start date, they cannot hire a temporary worker for the same position. This also applies when the terminated employee was working at the same organizational unit of the employer.

How to Choose the Right Agency?

To ensure compliance with the regulations when hiring a temporary Wolker in Poland, it’s important to choose the right temporary employment agency. Here are a few tips on what to consider when selecting an agency:

1. Certifications and registration – The agency must have a certificate confirming its registration with the employment agency registry maintained by the regional governor. You can check this registration in the National Employment Agency Register.
2. Experience and reliability – Pay attention to how long the agency has been operating in the market. It’s also a good sign if they have an office and physical location for client meetings, which indicates stability. Agencies that only provide a mobile phone number may raise concerns.
3. Liability insurance – Although agencies are not required to have liability insurance, it’s worth checking if the agency offers this coverage, which provides additional security.

What Are the Employer’s Obligations Toward the Agency?

When entering into an agreement with a temporary employment agency in Poland, the employer has certain obligations:

• Defining the type of work and requirements – The employer must specify the type of work the temporary worker will perform, the necessary qualifications, and the expected duration of employment.
• Informing about employment conditions – The user employer must inform the agency about wages, compensation rules, working conditions, including break times, shift work, and other components of compensation.
• Safety and hygiene – The employer is required to provide safe working conditions that comply with occupational health and safety regulations. This includes supplying workwear, conducting safety training, and monitoring and assessing occupational risks.

What Are the Employer’s Obligations Toward the Temporary Worker?

As a user employer, you also have specific obligations toward the temporary worker:

1. Ensuring safe working conditions – A temporary worker is entitled to the same working conditions as a permanent employee. This includes complying with health and safety regulations, providing necessary tools for the job, and offering workwear if needed.
2. Recording working hours – The employer must keep a record of the temporary worker’s working hours, just like for permanent employees in Poland.
3. Paid vacation – If the temporary worker has been with the company for at least six months, they are entitled to take their annual paid vacation.
4. Equal treatment – A temporary worker cannot be treated less favorably than permanent employees. This applies to working conditions, wages, training opportunities, and other benefits.

How Long Can a Temporary Worker Work?

Temporary employment is time-limited. The agency can assign a temporary worker to a user employer under the following conditions:

• Up to 18 months within a 36-month period. After this period, the temporary worker can be reassigned to the same employer, but only after a break of at least 18 months.
• Up to 36 months if the temporary worker is replacing an absent employee. In this case, the temporary worker can be employed for up to 36 months, but after that period, at least 36 months must pass before they can be assigned to the same employer again.

These limits apply to both employment contracts and civil law contracts, as well as in cases where temporary work is carried out alternately under different contract types.

Summary

Hiring a temporary worker is a flexible solution that can help businesses manage temporary staffing in Poland needs. However, it’s essential to comply with the regulations governing this form of employment, both in terms of legality and worker protection. Employers must remember their obligations toward the temporary employment agency in Poland, the workers themselves, and adhere to the time limits regarding temporary work. Therefore, it’s important to familiarize yourself with the legal regulations before beginning cooperation with an agency and approach each stage of the hiring process responsibly.

Source: Biznes.gov.pl