Temporary workers act in Poland: duties of the user employer

What does the temporary workers act cover?

The act regulates the employment of temporary workers in Poland, that is, the situation in which a worker is employed by an agency and performs work for another entity, called the user employer. According to biznes.gov.pl, the full name of the act is: Act of 9 July 2003 on the employment of temporary workers.

For a production plant or a warehouse, this has concrete consequences: you know how long you can use the same worker, what work you cannot entrust to them and what conditions you must provide. We discuss the definition of temporary work in a separate article; here we focus on the duties.

How long can a temporary worker be employed?

The total period of temporary work of the same worker for one user employer may not exceed 18 months within a period covering 36 consecutive months.

The limit is extended to 36 months when the temporary worker performs tasks that fall within the duties of an absent employee employed directly by the user employer. In that case the work may be performed continuously for up to 36 months. After such a replacement ends, the worker may be assigned to your company again only after 36 months have passed.

Changing the agency does not start a new limit if the worker continues to work for the same company. The periods therefore add up even when the same person comes to you from different agencies.

What work cannot be entrusted to a temporary worker?

Temporary work is not permitted in four situations indicated in art. 8 of the act. It cannot be entrusted if:

• the work is particularly dangerous,
• it is at the post of an employee taking part in a strike,
• it is work of the same kind as that of a person whose employment relationship was terminated in the last 3 months for reasons not attributable to employees, and it would be performed in a unit of the company in the same municipality in which the dismissed employee worked,
• it is security work requiring the worker to be armed.

Must a temporary worker have the same conditions as a permanent employee?

Yes, as regards working conditions and other conditions of employment, a temporary worker may not be treated less favourably than employees employed by the user employer in the same or a similar position. The principle therefore refers to comparison with your own staff, not with other agency workers.

In practice, before staffing a post it is worth checking whether the rules on bonuses, work organisation and access to benefits differentiate people in the same position.

What obligations does the user employer have?

The user employer is responsible for organising work on its premises: according to biznes.gov.pl, it provides safe working conditions, keeps working time records, enables the worker to use annual leave where the work lasts at least 6 months, and provides social facilities. It also has an obligation to inform temporary workers about vacancies and to observe the principle of non-discrimination.

The user employer also keeps a record of persons performing temporary work, with the start and end dates of work within 36 consecutive months, and retains it for a further 36 months after it ceases to be kept. A list of the duties and the division of roles is set out in the table below.

Must the agency be entered in KRAZ?

Yes, temporary work services, consisting of employing temporary workers and assigning them to user employers, require an entry in the register of employment agencies (KRAZ). The register is kept by the voivodeship marshals.

According to the praca.gov.pl portal, an entry in the register is a condition for agencies to operate, and the register is publicly available in the STOR register system (System Teleinformatyczny Obsługi Rejestrów). Before signing a contract, you can therefore check your partner's entry number yourself. Back2Work is entered in KRAZ under number 31286.

Frequently asked questions