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Amendment to the laws on posting workers to the territory of the Republic of Poland

On September 4, 2020, the amended provisions of the Act of June 10, 2016 on the posting of workers as part of the provision of services entered into force. The provisions of the act introduce new regulations regarding the posting of workers, in particular extending the scope of employment conditions guaranteed to an employee posted to Poland by a foreign entity

The most important changes to the national regulations introduced by the amendment are:

  • Extending the catalog of situations related to the provision of services that are considered as posting - by changing the definition of an employer posting from and to the territory of the Republic of Poland (the so-called chain or multi-level delegation).
  • Changes in the catalogue of employment conditions guaranteed to employees posted to Poland to work temporarily (who are not temporary employees) and dependent on the duration of the posting period and submission of a justified notification to PIP (State Labour Inspectorate)
  • Exclusion of the application of the provisions on employment conditions guaranteed to employees posted to work in Poland in relation to employers posting temporary workers to the territory of the Republic of Poland, also in a situation where a foreign employer (user), using the work of employees previously hired to him by a foreign temporary employment agency or agency hiring staff from the same or another Member State, directs them to work in Poland as part of the services provided here
  • Possibility of extending (up to 18 months of posting) the period in which the employer posting an employee to the territory of the Republic of Poland is obliged to provide the employee posted to work in Poland with employment conditions that guarantee protection on the so-called a minimum level by submitting a reasoned notification
  • New obligations imposed on the employer (user) and sanctions for failure to comply with them
  • Obligation to notify the State Labor Inspectorate of any change in the previously submitted declaration on the posting of an employee to the territory of the Republic of Poland
  • Possibility of obtaining by the State Labor Inspectorate from an entrepreneur posting an employee from the territory of the Republic of Poland as well as from the Social Insurance Institution, tax offices and other public administration bodies information on posting not only following a request of a competent foreign authority, but also as part of control and supervisory activities, in connection with the suspicion of violating the provisions of the Member State to which the worker was posted from the territory of the Republic of Poland
  • Possibility of obtaining by the State Labor Inspectorate the data contained in the files of tax matters
  • Extension of the objective scope of the supervision by the State Labor Inspectorate

 

More information on the new regulations on the posting of workers as part of the provision of services can be found on the Biznes.gov.pl website www.biznes.gov.pl/delegowanie and on the PIP website:https://www.pip.gov.pl/pl/informacje-dla-obcokrajowcow/delegowanie-pracownikow-nowe-przepisy

Source: website of the Ministry of Development

Ministry of the Interior and Administration
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