Temporary work - changes from 01/06/2017.

Service

From June 1, 2017changes have been introduced regarding the employment of temporary workers (the Act of April 7, 2017 amending the Act on the employment of temporary workers and several other acts). The purpose of the changes was to improve the employment of these employees, improve their legal security and eliminate abuses. Thanks to this, temporary work will have a higher standard.

Temporary work - employment limits

The most important change concerns the employment limit of a temporary employee. From June 2017, a temporary employee in a period of 36 consecutive calendar months will be able to be employed with a given user employer only for a maximum of 18 months, regardless of whether the employee is referred to a given user employer by one or more temporary employment agencies.

Attention!

The employment limit for a temporary employee applies to both civil law and employment contracts.

On the other hand, a temporary employee replacing another employee may be continuously employed by a given user employer for a maximum of 36 months.

Temporary work and the type of work - when will employment be prohibited?

From June this year, a ban on employing a temporary worker to perform work previously performed by an employee permanently employed for the last three months was introduced. This applies to replacing an employee who has been dismissed by the employer for reasons not attributable to the employee.

Attention!

It is forbidden to hire temporary workers to replace employees working under an employment contract.

Principles of remuneration of temporary workers

The user employer, at the request of the temporary employment agency, is obliged to present to the agency the content of the remuneration rules for employees and inform about any changes to these rules.

Records of working time of temporary employees

The employer's obligation is to keep records of employees' working time, which should be kept both in paper and electronic form.

The employer's obligation is also to keep records of persons performing temporary work for him. The records should include employees working under an employment contract and employees employed under a civil law contract. The records should contain information about the date of commencement and date of completion of work.

Attention!

Records of persons performing temporary work should be kept for the period of its keeping and for the 36 months immediately following this period.

Pregnant temporary worker

Temporary work performed by a pregnant woman is subject to new regulations. If the contract of a pregnant woman employed by a private employment agency would expire after the end of the third month of pregnancy, such contract should be extended until the day of delivery. The condition is employment in a given temporary employment agency for at least 2 months.

Attention!

The provisions of Art. 177 § 3 of the Labor Code.

Other changes

  1. Introduction of two types of employment agencies:

  • agencies providing temporary work services;

  • agencies providing services: job placement, career counseling and personal counseling.

  1. Obligation to obtain a provincial marshal's certificate in order to provide temporary work services.

  2. In the case of sending foreigners to work to employers of users operating in Poland, new rules for the provision of this service apply.

  3. Obligation of the temporary employment agency to have premises for the provision of services.

  4. Extended inspection powers of the National Labor Inspectorate.

  5. Enabling the voivodship marshal to check the arrears in the payment of social security contributions for employees by temporary employment agencies once a quarter.

Penalties for violation of regulations

In the event of a breach of the conditions of running a temporary employment agency and failure to remove these violations, such an agency may be removed from the register of entities running temporary employment agencies.

Due to non-compliance with the provisions of the Act on the employment of temporary workers, in particular the work limit and performing prohibited work, the labor inspector may impose a fine of up to PLN 2,000.00, and in the case of recidivism, up to PLN 5,000.00.

On the other hand, the labor court may impose a fine from PLN 1,000.00 to PLN 30,000.00.

Temporary work is becoming more and more common. Unfortunately, temporary work agencies have misused the rights of temporary workers. Therefore, in order to improve legal certainty, favorable changes have been made to temporary work since June 2017. These changes are also aimed at eliminating abuses.