FAQ Workers in Poland
1. What is temporary work?
Temporary work is the work performed through a temporary work agency. The agency employs workers and posts them to perform tasks for another company, called the end user employer. The maximum duration of employment for temporary workers in one agency may not exceed 18 months in a 3-year period. A temporary employment agency recruits workers, hires them and subsequently posts them to perform jobs for another company. Companies to which temporary workers are posted to perform work are called end user employers.
2. What provisions should be included in a temporary employment contract?
An employment contract signed between a temporary employment agency and a temporary worker should include, in particular: type of the contract and the date of its conclusion, name of the end user employer, number of working hours, type of work or position, place of work, remuneration for work and the time and manner of payment of the remuneration, length of the notice period.
3. Who is a temporary worker?
A temporary worker is a worker employed by a temporary employment agency on the basis of an employment contract for a definite period of time. The work is performed for the end user employer. The agency, i.e. MR JOB Temporary Employment Agency, always represents the temporary worker’s interests, taking care of every detail of the employment from the moment of signing the contract until the payment of remuneration.
4. Who is responsible for providing the OHS training?
The temporary employment agency carries out training in general issues of occupational health and safety, while the end user employer provides OHS training in the workplace. An employee must not be allowed to work until they have completed an OHS training.
5. Does a worker have to undergo medical examination?
Yes. Prior to commencing work, each temporary worker employed on the basis of an employment contract has to undergo specialized examination during which the occupational physician decides about the employee’s fitness for work in a given job.
6. Is a temporary worker entitled to annual leave?
A temporary employee is entitled to 2 days’ annual leave per each month of remaining at the disposal of one user employer, or more than one user employer; the annual leave is not paid for the period for which the employee has used up their holiday entitlement with the previous employer, available under separate regulations.
7. Is a temporary worker entitled to special leave?
Yes, a special leave is granted for: a) two days - in the event of the employee's wedding or birth of their child, or the death and funeral of the employee's spouse or child, father, mother, stepfather or stepmother; b) one day - in the event of wedding of the employee's child, or death and funeral of their sister, brother, mother, father in law, grandmother, grandfather, or another person that is dependent on the employee or remains under their direct custody. Should an employee require special leave, they must submit an application for the leave accompanied by a document confirming the occurrence of particular circumstances.
8. Is a temporary worker entitled to leave upon request?
If the work for an end user employer continues for a period of six months or more, the temporary worker is entitled to take leave upon request.
9. In what case should a temporary worker receive a cash equivalent of the annual leave
If a temporary employee has not used up their holiday entitlement during the period of temporary work, the temporary work agency shall pay the employee a cash equivalent in exchange for the leave or its unused portion.
10. How can a temporary employment contract be terminated?
Both the temporary worker and the temporary employment agency may terminate the temporary employment contract while observing the period of notice pursuant to Article 13 of the Act on the employment of temporary workers: 3 days - when the contract has been concluded for a period not exceeding two weeks (calculated from the date of termination); 1 week - when the contract has been concluded for a period longer than two weeks (calculated from the Saturday following the handing in of the notice).
11. Should an unemployed person registered with an Employment Office inform the Office about the commencement of temporary employment?
Yes. Temporary employees must, within seven days of signing the contract, inform the employment office where they are registered about the commencement of employment.
12. Is a temporary worker entitled to health insurance?
A temporary worker employed under a temporary employment contract is subject to all types of social insurance contributions, including contributions to health and accident insurance, and is therefore entitled to free medical treatment.
13. Is the remuneration of a temporary worker subject to the payment of all types of social insurance contributions?
Yes. Your remuneration is subject to all types of social insurance contributions (retirement and disability pension, sickness and health insurance), and an 18% tax.
14. Does temporary employment count towards your pension?
Employment under a temporary employment contract is taken into account when determining the amount of the pension and counts towards the length of service.
15. Is a temporary worker entitled to apply for unemployment benefit after termination of a temporary employment contract?
Yes. If for at least 12 months in a 1.5 year period the temporary employee earned a gross salary in an amount not lower than the amount specified in the minimum wage law.
16. Can a temporary employment agency take a commission from a temporary worker’s salary?
No, this is illegal. The Agency collects fees for its services from the end user employer, i.e. the company for which a temporary employee performs work.
17. Is a temporary worker entitled to receive increased remuneration for overtime, night work and working on public holidays?
Yes. A temporary employee is entitled to a 20% allowance for night work, 50% for overtime and 100% for working on public holidays. To be on the safe side, ask a consultant for the detailed rules of remuneration for a given position.
