The Act Of 9 July 2003 On The Employment Of Temporary Agency Workers

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

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Chapter I General provisions Art. 1. [range] Act governs the employment of temporary staff by the employer which is a private employment agency and the principles of targeting those employees and non-employees of the temporary employment agency to perform temporary work for your employer.



Article. 2. [Definitions] used in this Act shall mean: 1) employer user – employer or non-employer within the meaning of the labour code that sets the employee regarding the temporary employment agency tasks and controlling their implementation;

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

3) temporary work – for the benefit of your employer, for a period not longer than indicated in the Act: a) of a seasonal nature, periodic, ad hoc or b) where timely execution by employees employed by the employer will not be possible, or c) whose execution is the responsibility of the absent employee employed by the employer.



Article. 3. (repealed) Article. 4. [conditions for obtaining the status of employer] an employer may not be the employer of the user in relation to workers in an employment relationship with him.



Article. 5. [the application of labor law] in terms of the provisions of the Act and regulations differently not separate to the temporary employment agency, temporary worker and your employer, the provisions of the labour law concerning, respectively, the employer and employee, taking into account article. 6. Article. 6. [exclusion of application of the rules] To temporary agency workers shall not apply the provisions of the Act of 13 March 2003 on the specific principles of resolving labor relations with employees for reasons of non-employees (Journal of laws of 2015.192, 1220 and 1268).



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



Article. 8. [types of work niepowierzanych workers] worker cannot be entrusted to perform for your employer: 1) particularly dangerous within the meaning of the provisions issued pursuant to art. 23715 of the labour code;

2) at the place of work where the employee is employed your employer, during the period of that employee participation in the strike;

3) at the place of work, where, during the last 3 months preceding the expected date of commencement of work by the temporary worker, was employee your employer, with which it was resolved the employment relationship for reasons not involving employees.



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

2) qualification requirements necessary to do the job, which is to be entrusted to a temporary agency worker;

3) expected duration of the employment agency;

4) working hours of the temporary agency worker;

5) the place of performance of the work.

2. the employer, you shall inform the temporary employment agency in writing of: 1) remuneration for work which is to be entrusted to a temporary agency worker, referred to in the rules about the salary applicable to the employer;

2) conditions temporary work concerning health and safety at work.

2A. the employer you provide temporary worker clothing and footwear and personal protection, provides drinks and meals prophylactic, carries out training on health and safety at work, shall determine the circumstances and causes of an accident at work, shall carry out the risk assessment and shall inform the risk.

2B. How to and training in occupational safety and health provisions of the Labour Code shall apply mutatis mutandis.

3. prior to the conclusion of a contract of employment between the employment agency and the temporary worker, 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 temporary agency worker, and the manner and time of passing this information the temporary employment agency in order to properly calculate the wages of that employee;

2) the scope of the acquisition by the employer user 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 user an employer's obligation to pay royalties 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 an employee of the temporary leave, in whole or in part, during the period of performing temporary work for this employer user, determining the most important mode to grant the leave.

2. If the period of work for the benefit of your employer includes 6 months or more, the employer you must allow the temporary use of this period of annual leave, providing, within a period agreed with this employee, time off from work in the dimension that corresponds to the possessed by this employee annual leave they expect from.



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



Article. 12. [Invalidity arrangements] to establish between the employment agency and the employer of the user of the condition of unemployment worker by the employer after completion of temporary agency work is void.



Article. 13. [contract] 1. The contract of employment concluded between the employment agency and the temporary worker should specify the parties to the contract and the date of conclusion of the contract and specify the employer user, and given the exercise period for temporary work, as well as the conditions of employment of temporary agency worker during the performance of work for an employer, in particular: 1) the conditions set out in art. 9. 1 paragraphs 1, 4 and 5;

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

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

2) for one-week reappearance notice, when the employment contract was concluded for a period longer than 2 weeks.

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

4. A contract of employment is in writing. If the employment contract has not been concluded in writing, the temporary employment agency confirms the worker in writing the terms of the contract of employment, not later than on the second day of work.



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

2. the employer shall: 1) is obliged to provide the temporary safe and hygienic working conditions in the place designated to perform temporary work;

2) keeps records of working time worker in the field and on the principles applicable to the workers;

3) may not apply to the temporary worker provision art. 42 § 4 of the Labour Code nor entrust him to work for and under the direction of another entity.



Article. 15. [Conditions] 1. The temporary worker during the performance of work for the benefit of your employer may not be treated less favourably as regards working conditions and other conditions of employment than employees employed by this employer user on the same or similar position.

2. With regard to access to training to improve professional qualifications held by the employer user provision of paragraph 1. 1 does not apply to temporary worker performing work on behalf of your employer for less than 6 weeks.



Article. 16. [compensation for breach of the principle of equal treatment] 1. The temporary to which the employer you have violated the principle of equal treatment as regards the conditions referred to in article 1. 15, shall have the right to claim from a private employment agency compensation in the amount specified in the provisions of the Labour Code relating to compensation payable to the worker from the employer for breach of the principle of equal treatment for workers in employment.

2. the temporary employment agency shall have the right to claim from your employer refund compensation that has been paid to the worker.




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

2. Annual leave shall be temporary in the days, that would be for the days work, if they had not made use of this leave. In the case referred to in article. 10 paragraph 1. 2 to the temporary worker shall apply the provisions of article 5. 1672 of the labour code.

3. in the event of non-use of the temporary employee annual leave during the period of performing temporary work the temporary employment agency shall pay the temporary cash in Exchange for this holiday or unused part thereof.

4. remuneration for one day of annual leave or cash equivalent for one day of leave shall be determined by dividing the compensation obtained by the worker during the period of performing temporary work by the number of days for which the salary payable.



Article. 18. [termination] 1. The contract of employment concluded with a member of the temporary staff resolves over the agreed between the parties the temporary work period for your employer user, taking into account article. 13 paragraph 1. 2.2. Employer user who wishes to opt out of work by the temporary worker before the expiry of the period of performing temporary work agreed with the temporary employment agency shall notify the temporary work agency in writing of the expected time for completion of temporary agency work by the temporary agency worker, as far as possible in advance taking into account the current parties to the contract of employment the notice period of this agreement.

3. If the actual cessation of the exercise by an employee of the temporary employment agency for the benefit of your employer because you do not turn up to work, without excuse causes of absence from work, or refusal to continue performing temporary work in its favour, the employer shall immediately notify the user temporary employment agency of the date and circumstances, the cessation of work by the temporary agency worker.



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

2. Certificate of employment seems to be the date of expiry of the time limit referred to in paragraph 1. 1. If, however, the termination or expiry of the employment contract granted before the expiry of the 12 consecutive months of falls after the expiry of that period, certificate of employment seems to be on the day of the termination or expiration of this agreement.

3. If the issue of 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, forward or shall be served on the temporary certificate or a person authorized by him in writing to receive a certificate.



Article. 18B. [the term for the issue of a certificate] 1. A temporary employee may at any time request a temporary employment agency work certificates in connection with the termination or expiry of the employment relationship.

2. Certificate of employment relate to the period of employment on the basis of each contract of employment or the total period of employment covered by successive employment contracts.

3. Certificate of employment shall be issued within 7 days from the date of notification of the request, and if his release is not possible within this period, the temporary employment agency, not later than within the next 7 days, forward or shall be served on the temporary certificate or a person authorized by him in writing to receive a certificate.



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 agency worker in the performance of temporary work – on the terms and within the limits applicable to the employee in accordance with the provisions of the liability of employees.

2. the temporary employment agency shall have the right to claim from the temporary agency worker refund 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 the temporary agency worker may refer the employee to perform temporary work in favor of the one your employer for a period not exceeding 18 months.

2. If the temporary worker performs continuously on that your employer employment contract that includes task, which is the responsibility of the absent employee employed by this employer user, the exercise period of temporary work may not exceed 36 months.

3. After a period of performing temporary work, referred to in paragraph 1. 2, for the benefit of your employer a temporary employee may be recirculated to perform temporary work in the your employer not earlier than after the expiry of 36 months.



Article. 21. [exclusion of application of the provisions of the labour code] To employment contracts concluded between the employment agency and the temporary worker shall not apply article. 251 of the labour code.



Article. 22. [social devices] temporary agency worker during the period of performing temporary work for your employer has the right to use the social devices your employer under the conditions laid down for the workers employed by the employer.



Article. 23. [obligation to inform about the work of temporary] 1. Employer user is obliged to inform the Organization of the Trade Union representative within the meaning of art. 24125a of the labour code of the intention to entrust the work of temporary worker employment agency. However, an employer, a user who intends to entrust to an employee of the private employment agency to perform work for a period longer than 6 months, is obliged to take steps to reconcile this with the representative trade union organizations.

2. the employer you must pass the district organisations, referred to in paragraph 1. 1, the information referred to in article 6. 9. 1. Employer representative trade union organisations and user can determine a wider range of information to be provided to such organisations.

3. the employer you must inform temporary workers, in the manner adopted in the your employer, vacancies, for which it intends to hire workers.



Article. 24. [temporary worker Claims] Claims worker examines the labour court competent for the registered office of the temporary employment agency that employs the employee.



Article. 25. [the rights and responsibilities of the employer] the rights and obligations of your employer and the temporary employment agency in terms of unregulated by the Act specifies the concluded contract between them.



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

2. The people referred to the temporary agency work contract civil law shall apply mutatis mutandis the provisions of article 4. 8, 9 paragraphs 1 and 2. 1 and art. 23. Chapter IV of the penal legislation Article. 27. [the employer's Responsibility for the inadequacy] 1. Who, being an employer or acting on its behalf, it does not provide temporary safe and hygienic working conditions in the place designated to perform temporary work or does not fit the job worker in machinery and other technical equipment, which meet the requirements concerning conformity assessment, is 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 obligations of the employer, including: 1) does not provide a worker clothing and footwear and personal protective equipment;

2) does not provide the temporary prevention of refreshments and meals;

3) does not provide training for worker occupational safety and health before allowing it to work and periodic training;

4) does not provide a determination within the time mode the circumstances and causes of an accident at work, which was temporary;

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

6) fails to comply with other obligations agreed with the employment agency, relating to the implementation of temporary agency work by the temporary agency worker.



Article. 28. [the procedures in cases of offences] in cases of offences referred to in article 1. 27, is, on the basis of a proposal from a labour inspector, in accordance with provisions of the code of conduct in cases of misconduct.



Chapter V Provisions adapting and final


Article. 29. (omitted) Art. 30. (omitted) Art. 31. (omitted) Art. 32. [the application of the provisions of the Act] Recipe article. 21 shall apply from the date of accession of the Republic of Poland to the European Union.



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



Article. 33.1) this Act shall be made 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, provided in this law-on the day of the Republic of Poland in the European Union membership-applies to the notice of those acts in the official journal of the European Union-Special Edition.

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