The Act Of 9 July 2003 On The Hiring Of Temporary Workers

Original Language Title: USTAWA z dnia 9 lipca 2003 r. o zatrudnianiu pracowników tymczasowych

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Chapter l General provisions Art. 1. [control range] Law governs the rules of employment of temporary staff by the employer as a temporary employment agency and the principle of targeting those employees and non-employees of the temporary employment agency to carry out temporary work in favour of the employer.

Article. 2. [Definitions] Used in the determination of the means: 1), the employer-user, employer or non-employer within the meaning of the labour code which defines objectives addressing worker by temporary employment agency tasks and controlling their implementation;

2) the temporary worker is employed by a temporary employment agency for the sole purpose of performing temporary work for and under the direction of the employer;

3) temporary work-performing for a given user's employer, for a period of not longer than indicated in the law,: a) of a seasonal nature, periodic, ad hoc or b) where timely execution by employees employed by the employer, the user would not have been possible, or c) whose performance is the responsibility of the employee to attend employee by the employer.

Article. 3. (repealed).

Article. 4. [conditions for obtaining the status of employer] an employer may not be employer user over to employees remaining with him in the employment relationship.

Article. 5. [the application of the provisions of labour law] in terms of the rules and regulations of the law differently not separate to the temporary employment agency, temporary worker and employer-user shall apply the provisions of the labour law concerning, respectively, the employer and the employee, taking into account article 9. 6. 6. the [exclusion of application of the rules] to temporary employees shall not apply the provisions of the law of 13 March 2003 on the specific principles of resolving labor relations with employees for reasons beyond the staff.



Chapter II rules for hiring temporary workers and targeting these workers to perform temporary work Article. 7. [the hiring of temporary workers] [1], the temporary employment agency employs temporary workers under a contract of employment for a specified period.

Article. 8. [types of work employees niepowierzanych] temporary employee cannot be entrusted to perform for his employer the user: 1) particularly dangerous within the meaning of the rules pursuant to article 114. 23715 labour code;

2) at the place of work, for which it is the employer's employee, during the participation of an employee in a strike;

3) at the place of work, where, during the last 3 months preceding the expected date of commencement of performance of temporary work by a temporary worker, was employee of the employer with whom the user has solved the employment relationship for reasons beyond the staff.

Article. 9. [Arrangements prior to the conclusion of the contract] 1. With a view to the conclusion of the contract of employment between the temporary work agency and a temporary employee, the employer, you agree with this agency in writing: 1) the type of work to be entrusted to a temporary employee;

2) eligibility requirements necessary to do the job, which is to be entrusted to a temporary employee;

3) expected duration of temporary work;

4) full-time temporary worker;

5) place of work.

2. the employer shall inform the user of the temporary employment agency in writing of the following: 1) remuneration for work which is to be entrusted to a temporary employee, referred to in the provision of the existing salaries of the employer;

2) conditions temporary work concerning occupational safety and health.

2A. the employer you provide temporary worker working clothing and footwear and personal protective equipment, providing drinks and meals, carry out prophylactic training in occupational safety and health, shall determine the circumstances and causes of an accident at work risk assessment shall be carried out and shall inform the risk.

2B. The way and terms of carrying out training on occupational safety and health provisions of the Labour Code shall apply mutatis mutandis.

3. Prior to the conclusion of the contract of employment between the temporary work agency and a temporary employee, the temporary employment agency and the employer you agree in writing: 1) the scope of the information about the course of temporary work, which have an impact on the amount of remuneration for work of the employee, and the manner and timing of the transmission of this information to the temporary employment agency in order to correct the calculation of remuneration for work of the employee;

2) the scope of the acquisition by the employer to the user the obligations of the employer concerning health and safety at work other than those referred to in paragraph 1. 2A;

3) the scope of the acquisition by the employer to the employer's obligation to the user for payment of charges to cover the costs associated with business travel.

Article. 10. [the use of annual leave] 1. The temporary employment agency and the employer you may agree to the use by the temporary leave, in whole or in part, during the period of performing temporary work for this employer-user, determining at the same time mode to grant the leave.

2. If the period of work for the benefit of the employers included in the user 6 months or longer period, the employer you must allow the temporary employee to use this period of leave, providing, within a period agreed with this employee, time off from work in the dimension that corresponds to przysługującemu annual leave they expect from this employee.

Article. 11. [notice of findings] of the arrangements referred to in article 1. 9 and 10, the temporary employment agency shall notify the person to whom is to be entrusted to perform temporary work, prior to the conclusion of her contract of employment.

Article. 12. [nullity of findings] to establish between the temporary work agency and an employer member of the condition of unemployment temporary worker by the employer after the end of the temporary work is void.

Article. 13. [contract] 1. The contract of employment concluded between the temporary work agency and a temporary employee should specify the parties to the agreement and the date of conclusion of the contract and indicate the employer and given the period of performing temporary work on his behalf, as well as the conditions of employment of temporary worker during the performance of work for an employer user, in particular: [2] 1) the conditions referred to in article 1. 9. 1 points 1, 4 and 5;

2) remuneration for work and the time and manner of payment of remuneration by temporary employment agency.

2. contract of employment may provide for the possibility of early termination of this agreement by either party: [3] 1) for 3 days notice, when the contract of employment was concluded for a period of not more than 2 weeks;

2) for jednotygodniowym termination, when the contract of employment was concluded for a period longer than 2 weeks.

3. a contract of employment concluded with the temporary worker shall not apply. 177 section 3 of the labour code.

4. (4) a contract of employment shall be concluded in writing. If the contract has not been concluded in writing, the temporary employment agency confirms the temporary worker, in writing, the terms of the contract of employment shall, no later than the second day of work.

Article. 14. [the rights and responsibilities of the employee] 1. Employer user performs duties and use rights of the employer, to the extent necessary to carry out work involving the temporary worker.

2. An employer member: 1) is obliged to provide the temporary worker a safe and healthy working conditions in the place designated to perform temporary work;

2) keep records of working time temporary worker in the field and on the basis of the rules in force in relation to the workers;

3) cannot apply to the temporary worker provision, art. 42 § 4 of the Labour Code nor entrust him to perform work on behalf of and under the direction of another person.

Article. 15. [terms of service] 1. The temporary worker during the performance of work for the employer, the user may not be treated less favourably as regards conditions of work and other conditions of employment than employees employed by the employer to the user on the same or similar workplace.

2. In terms of access to training in order to raise professional qualifications held by the employer to the user provision of paragraph 1. 1 does not apply to temporary worker performing work on behalf of this user's employer for less than 6 weeks.

Article. 16. [compensation for infringement of the principle of equal treatment] 1. The temporary worker, the employer to whom the user has violated the principle of equal treatment, as regards the conditions referred to in article 1. 15, entitled an investigation of the temporary employment agency in the amount of the compensation referred to in the provisions of the Labour Code relating to compensation payable to the worker from the employer in respect of the infringement of the principle of equal treatment of workers in employment.

2. the temporary employment agency shall have the right to an investigation from the employer compensation equivalent, return user, which has been paid to the temporary employee.

Article. 17. [leave Dimension] 1. The temporary worker shall be entitled to annual leave at the rate of two days for each month to remain at the disposal of one employer or user of more than one employer; holidays are not entitled for the period for which the employee has used on previous employer leave granted on the basis of separate provisions.


2. Leave the temporary worker shall be in days, which are days for it to work, if they had not made use of this leave. In the case referred to in article 1. 10 paragraph 1. 2 the temporary worker shall apply the provisions of article 4. 1672 the labour code.

3. if unused by the temporary leave during the period of temporary work, the temporary employment agency shall pay the temporary worker the equivalent in cash in Exchange for the holiday or unused part thereof.

4. remuneration for one day of annual leave or cash equivalent for one day of annual leave is determined by dividing the wages earned by the employee during the period of temporary staging work by the number of days for which compensation payable.

Article. 18. [termination of employment] 1. The contract of employment concluded with the temporary worker solves the over determined between the parties a period of performing temporary work for the employer, taking into account article 2 and user. 13. 2.2. Employer-user who wishes to opt out of work by the temporary worker before the expiry of a period of performing temporary work agreed with the Agency of temporary work, notify the temporary work agency in writing of the expected time for completion, the temporary employment by the employee, as far as possible in advance taking into account the prevailing part of the employment contract termination of this agreement.

3. In the event of an actual cessation of performance of temporary work temporary worker to the employer due to user's failure to work, without having to justify the reasons for absence from work, or refusal to continue performing temporary work in its favour, the employer shall immediately notify the user of the temporary employment agency of the date and circumstances, the cessation of work by the employee.

Article. 18A. [certificate] 1. The temporary employment agency seems like a temporary worker working certificate for the total period of employment completed in this agency, under successive contracts of employment, nawiązanymi during a period of not more than 12 consecutive months.

2. a certificate of work seems to be on the day of expiry of the period referred to in paragraph 1. 1. If, however, the termination or expiry of the contract of employment granted before the expiry of 12 months expires at the end of this term, it seems to work on the day of the termination or expiration of this agreement.

3. If a certificate of work within the time limits referred to in paragraph 1. 2 it is not possible, the temporary employment agency, not later than within the next 7 days, sends or delivers a certificate of work temporary worker or person authorized by him in writing to receive a certificate of work.

Article. 18B. [the term for the issue of a certificate of work] 1. The temporary worker may at any time require the certificate of temporary employment agency work in conjunction with the solution or the expiry of the employment relationship.

2. the certificate shall bear the work relates to the period of employment on the basis of each contract of employment or the total period of employment covered by successive contracts of employment.

3. a certificate of work appears within 7 days from the date of filing the request, and if its release is not possible within this period, the temporary employment agency, not later than within the next 7 days, sends or delivers a certificate of work temporary worker or person authorized by him in writing to receive a certificate of work.

Article. 19. [compensation for damage caused by an employee] 1. The temporary employment agency is obliged to repair the damage caused to the employer by the temporary worker performing temporary work is on the terms and within the limits applicable to the employee in accordance with the provisions of the material liability of employees.

2. the temporary employment agency shall have the right to an investigation from the temporary return of the equivalent compensation that has been paid to the employer.

Article. 20. [duration of temporary work] 1. During the period covering 36 consecutive months temporary employment agency with temporary worker may refer the employee to perform temporary work for a single employer user over a period not exceeding 18 months.

2. If the temporary worker performs in perpetuity for the benefit of the user's employer, including temporary employment jobs whose execution is the responsibility of the employee to attend employed by this employer-user, the period of temporary work may not exceed 36 months.

3. After a period of performing temporary work, referred to in paragraph 1. 2, for a given employer user temporary worker can be re-directed to perform temporary work with the employer not earlier than after the expiry of a period of 36 months.

Article. 21. [exclusion of application of the provisions of the labour code] [5] for contracts of employment concluded between the temporary work agency and a temporary employee does not apply. 251 of the code work.

Article. 22. [the use of the social facilities] temporary worker during the period of performing temporary work for the employer, the user has the right to use the employer's social security contributions of the user under the conditions laid down for workers employed by the employer.

Article. 23. [obligation to inform about temporary work] 1. Employer user is obliged to inform the representative trade union organization within the meaning of article 3. 24125a the labour code of the intention to delegate the work to the worker, the temporary employment agency. The employer, however, the user who wishes to entrust to the worker temporary employment agency work for a period longer than 6 months, it is obliged to take steps to reconcile this with the representative trade union organisations.

2. the employer you are required to pass the district organisations, referred to in paragraph 1. 1, the information referred to in article 1. 9. 1. the employer users and representative trade unions may provide a wider range of information to be provided to such organisations.

3. the employer you are required to inform temporary workers, in a way that is accepted on this user's employer, vacant jobs, on which it intends to employ workers.

Article. 24. [temporary worker Claims] claims of temporary labour court considered appropriate because of the temporary employment agency that employs the employee.

Article. 25. [the employer's rights and obligations] the rights and obligations of employers and the temporary employment agency in terms of unregulated by law determines between them.



Chapter III temporary employment to non-employees of the temporary employment agency Article. 26. [temporary work students] 1. For people aged between 16 and 18 years who are students to temporary work on the basis of civil law, shall apply mutatis mutandis the provisions of the Labour Code concerning the employment of juveniles other than professional background.

2. To the people for temporary work on the basis of a civil law agreement shall apply mutatis mutandis the provisions of article 4. 8, 9 paragraphs 1 and 2. 1. 23. Chapter IV of the criminal law Article. 27. [the employer's Liability for the infringement of obligations] 1. Who, being an employer or acting on its behalf, it does not provide temporary employee safe and hygienic working conditions in place designated to perform temporary work or does not fit the jobs temporary worker in machinery and other technical equipment, which meet the requirements concerning conformity assessment, shall be punishable by a fine.

2. The same penalty shall be subject to, who, being an employer or acting on his behalf, does not fulfil the agreed in writing with the Agency of temporary work, including the obligations of the employer: 1) does not provide the temporary worker clothing and footwear and personal protective equipment;

2) does not provide the temporary worker prophylactic drinks and meals;

3) does not provide training for temporary worker in the field of safety and health at work before allowing it to work and periodic training;

4) does not determine the circumstances and causes of the mode in an accident at work, which has temporary worker;

5) does not inform the temporary worker of the risks, which is associated with their work and the principles for protection against risks;

6) fails to comply with other obligations agreed with the temporary employment agency, temporary employment related by an employee.

Article. 28. [the procedures in cases of offences] in cases of offences referred to in article 1. 27, shall decide, on the basis of a proposal originating from the labour inspector, as specified by the provisions of the code of conduct in cases of misconduct.



Chapter V Provisions adapting and the final Article. 29. [labour] in the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94, URpóźn.zm. 2)), shall be repealed. 2983. 30. [income tax act from individuals] in the Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2000, no. 14, item 176 with subsequent – 3)) article. 21 after paragraph 1. 1, the following paragraph. 1 a shall be added: ' 1a. To temporary workers, within the meaning of other legislation, received from the employer-user shall apply paragraph 1. 1, paragraph 11, 13 and 16.

Article. 31. [law on employment and combating unemployment] in the Act of 14 December 1994 on employment and counteracting unemployment (Journal of laws of 2003 No. 58, item 514, with later – 4) article. 37 paragraph 2. 4 shall be replaced by the following:


' 4. for the Employment Services workers to their referral to an employer user, which may be the employer or non-employer within the meaning of the labour code, perform only temporary employment agencies. The employer shall designate a temporary employment agency worker user tasks and controls their execution. ".

Article. 32. [the application of the provisions of the Act] article. 21 shall apply from the date of accession of the Republic of Poland to the European Union.

Article. 33. [entry into force], the Act shall enter into force on 1 January 2004.



 

 

1) this law shall in its regulation of the implementation of Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJ. EC-L 206 of 29.07.1991).

The data relating to the Declaration of the European Union legislation, in this law-the day of the Republic of Poland's membership of the European Union-relate posts these acts in the official journal of the European Union-Special Edition.

2) revision of the text of the Uniform Act were announced in the OJ 1998 No. 106, item. 668 and no. 113, item. 717, 1999 No 99, item. 1152, 2000 No 19, item. 239, no. 43, item. 489, no. 107, item. 1127 and no. 120, item. 1268, 2001, no. 11, item. 84, no. 28, item. 301, no. 52, item. 538, Nr 99, poz. 1075, no. 111, item. 1194, no. 123. item. 1354, no. 128, item. 1405 and no. 154, poz. 1805 and from 2002 No. 74, item. 676, No 135, item. 1146, no. 196, poz. 1660, no. 199, poz. 1673 and No 200, item. 1679.3) revision of the text of the Uniform Act have been published in the OJ 2001 No. 22, item. 270, no. 60, item. 703, no. 70, item. 816, no. 104, item. 1104, no. 117, item. 1228 and no. 122, item. 1324, 2001 No 4, item. 27, no. 8, item. 64, No 52, item. 539, no. 73, item. 764, no. 74, item. 784, no. 88, item. 961, no. 89, item. 968, No 102, item. 1117, no. 106, item. 1150, No 110, POS. 1190, no. 125, item. 1363 and 1370 and no. 134, poz. 1509, from 2002, no 19, item. 199, Nr 25, poz. 253, no. 74, item. 676, no. 78, item. 715, no. 89, item. 804, No 135, item. 1146, no. 141, item. 1182, No 169, item. 1384, no. 181, item. 1515, no. 200, item. 1679 and no. 240, poz. 2058 and 2003, no. 7, item. 79, no. 45, item. 391, no. 65, item. 595, no. 84, item. 774, no. 90, item. 844, no. 96, item. 874, no. 122, item. 1143, No 135, item. 1268 and No 137, poz. 1302.4) revision of the text of the Uniform Act were announced in the OJ 2003, no. 90, item. 844, no. 122, item. 1143, no. 128, item. 1176, No 135, item. 1268, Nr 137, poz. 1302 and no. 142, item. 1380 [1] Article. the following 7 determined by art. 8 paragraph 1 of the law of 25 June 2015, amending the law – the labour code and certain other laws (OJ item 1220). The amendment entered into force on February 22, 2016.

[2] Article. 13. 1 added fixed by the article. 8, point 2 (a). (a)) of 25 June 2015 amending the law – the labour code and certain other laws (OJ item 1220). The amendment entered into force on February 22, 2016.

[3] Article. 13. 2 added fixed by the article. 8, point 2 (a). (b)) of the Act of June 25, 2015. amending the law – the labour code and certain other laws (OJ item 1220). The amendment entered into force on February 22, 2016.

[4] Article. 13. the following 4 determined by the article. 8, point 2 (a). (c)) of the Act of June 25, 2015. amending the law – the labour code and certain other laws (OJ item 1220). The amendment entered into force on February 22, 2016.

[5] Article. the following 21, set by the article. 8 section 3 of the Act of June 25, 2015. amending the law – the labour code and certain other laws (OJ item 1220). The amendment entered into force on February 22, 2016.

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