Key Benefits:
ACT
of 9 July 2003
on the employment of temporary workers 1)
Chapter I
General provisions
Article 1. [ Regulatory scope] The Act regulates the rules for the employment of temporary workers by the employer of the temporary work agency and the rules for the management of such workers and persons who are not employees of temporary employment agencies to carry out temporary work for the benefit of temporary workers. user's employer.
Article 2. [ Definitions] The terms used in the Act shall mean:
1. an employer-an employer or non-employer within the meaning of the Labour Code designating a staff member to be directed by the agency of work of the temporary task and controlling the performance thereof;
2) a temporary worker-a worker employed by a temporary agency working exclusively for the sole purpose of carrying out temporary work for and under the direction of the employer of the user;
3) temporary work-execution for a given employer of the user, for a period not longer than indicated in the Act, tasks:
(a) having a seasonal, periodic, ad hoc or
(b) the timely execution of the user's employees by the employees would not be possible, or
(c) the performance of which is the responsibility of an absent employee employed by the employer of the user.
Article 3. (repealed)
Article 4. [ Conditions for obtaining the status of a user's employer] The employer shall not be the employer of the user in relation to the employees remaining with him in the employment relationship.
Article 5. [ Application of labour laws] In the case of non-regulated, the provisions of the law and provisions separate to the temporary agency, temporary staff and the employer of the user, the provisions of the labour law applicable to the employer and the employee respectively shall be applied, taking into account the art. 6.
Article 6. [ Exemption of provisions] The provisions of the Act of 13 March 2003 shall not apply to temporary workers. with special rules for the resolution of labour relations workers on the grounds of non-employees (Dz. U. of 2015 items 192, 1220 and 1268).
Chapter II
Rules for the employment of temporary workers and the management of such workers for temporary work
Article 7. [ Recruitment of temporary staff] Temporary employment agency employs temporary workers on the basis of a fixation contract.
Article 8. [ Types of work not entrusted to employees] A temporary worker may not be entrusted with the performance of a work user's employer:
1) a particularly dangerous one within the meaning of the provisions adopted on the basis of art. 237 15 Labour code;
2) at the work station on which the employee of the employer is employed, during the period of participation of this worker in the strike;
3) at the post of employment, on which, during the last 3 months preceding the expected date of the start of the temporary work by the temporary worker, was employed employee of the employer of the user with whom he was dissolved employment relationship for non-employee reasons.
Article 9. [ Agreements prior to the conclusion of the Agreement] 1. In order to conclude a contract of employment between a temporary work agency and a temporary employee, the employer shall agree with that agency in writing:
1) the type of work to be entrusted to the temporary worker;
2. the qualification requirements necessary for the performance of the work to be entrusted to the temporary worker;
3. the envisaged period of temporary work;
4) the working time dimension of the temporary worker;
5) the place of the temporary work.
2. The employer shall inform the temporary work agency in writing of:
1) the remuneration for the work to be entrusted to the temporary worker, as defined in the regulations on the remuneration in force at the employer's employer;
2) conditions for the implementation of temporary work in the field of occupational safety and health.
2a. The employer provides temporary clothing and work shoes as well as personal protective equipment, provides refreshments and preventive meals, conducts training on health and safety at work, determines the circumstances and the reasons for the accident at work, carry out an assessment of occupational risks and inform the risks.
2b. The rules of the Labour Code shall apply mutatis mutandis to the manner and time limits for the carrying out of training in occupational health and safety.
3. Prior to the conclusion of a contract of employment between the agency of temporary work and the temporary agency temporary work agency and the employer, the user shall agree in writing:
1) the scope of information concerning the course of temporary work which affects the amount of remuneration for the work of the temporary worker, and the manner and timing of the transmission of this information to the temporary work agency for the correct calculation the remuneration for the work of that worker;
2) the scope of the employer's takeover of the employer's obligations concerning occupational safety and health, other than those referred to in paragraph. 2a;
3) the scope of the employer's take-over by the employer of the employer's obligation to pay the fees to cover the costs associated with the business trip.
Article 10. [ Use of holiday leave] 1. The agency of temporary work and the employer may agree on the use of temporary leave, in whole or in part, during the period of the temporary work for the benefit of this employer, by the worker, while establishing the the mode of granting this leave.
2. If the duration of the work for a given employer is 6 months or longer, the employer is obliged to enable the temporary worker to make use of the holiday leave during this period, by granting, in the time limit agreed with that employee, a time off from work in the dimension corresponding to that employee's holiday leave.
Article 11. [ Notification of findings] About the arrangements referred to in Article 9 and 10, the temporary agency shall notify the person to whom the temporary work is to be entrusted prior to the conclusion of the contract of employment with the temporary agency.
Article 12. [ Validity of determinations] The establishment between a temporary work agency and the employer of a condition for the non-employment condition of a temporary worker by the employer after the completion of the temporary work is invalid.
Article 13. [ Employment Agreement] 1. The employment contract concluded between the agency of temporary work and the temporary worker should specify the parties to the contract and the date of conclusion of the contract and indicate the employer of the user and the established period of execution for his temporary work, as well as the conditions the employment of a temporary worker during the period of work for the employer of the user, in particular:
1. the conditions laid down in the Article. 9 ust. 1 points 1, 4 and 5;
(2) the remuneration for the work and the time limit and method of payment of that remuneration by the temporary agency.
2. In the contract of employment, the parties may provide for the possibility of prior termination of the contract by each of the parties:
1) for a three-day notice, when the contract of employment was concluded for a period not exceeding 2 weeks;
2) after a one-week notice, when the contract of employment was concluded for a period of more than 2 weeks.
3. The contract of employment concluded with the temporary worker shall not apply to the Article. 177 § 3 of the Labour Code.
4. The contract of employment shall be included in writing. If the contract of employment has not been concluded in writing, the temporary agency shall confirm to the temporary worker in writing the terms of the contract of employment concluded, not later than the second day of the temporary work.
Article 14. [ Rights and obligations of the employee] 1. The employer shall perform the duties and exercise the rights of the employer, to the extent necessary to organize the work with the participation of the temporary worker.
2. Employer user:
1. is obliged to provide the worker with a temporary safe and hygienic working conditions at the place designated for the temporary work;
2) keep a record of the working time of the temporary worker in the scope and on the rules applicable to the employees;
3) may not apply to the worker a temporary provision of art. 42 § 4 of the Labour Code, or entrust him with work to and under the direction of another entity.
Article 15. [ Terms of work] 1. A temporary worker during the period of the work performed for the benefit of the employer of the user may not be treated less favourably in terms of working conditions and other conditions of employment than the employees employed by that employer of the user on such or similar position of work.
2. In terms of access to training in order to improve the professional qualifications organised by the employer of the user's mouth provision. 1 shall not apply to a temporary worker who has been working for that employer for less than 6 weeks.
Article 16. [ Compensation for breach of the principle of equal treatment] 1. The temporary worker, against whom the employer has violated the principle of equal treatment, within the scope of the conditions laid down in art. 15, shall be entitled to an investigation from the agency of temporary compensation of compensation in the amount specified in the provisions of the Labour Code concerning compensation due to the employee from the employer for the violation of the principle of equal treatment of employees in employment.
2. The agency of temporary work shall have the right of investigation from the employer of the user of the reimbursement of the equivalent of compensation, which has been paid to the temporary worker.
Article 17. [ Vacation holiday dimension] 1. The temporary worker shall be entitled to a holiday leave within two days for each month of leaving at the disposal of one employer or more than one employer of the user; leave shall not be granted for the period for which the staff member is employed. has used the previous employer's holiday leave due on the basis of separate provisions.
2. Vacation leave shall be granted to a temporary worker in days which would be a day of work for him if he had not benefited from such leave. In the case referred to in Article 10 para. 2. the provisions of Article 2 shall apply to the temporary worker. 167 2 Labour code.
3. In the event that temporary leave is not used by an employee during the period of work of the temporary work, the temporary agency shall pay the temporary agent temporary equivalent in exchange for that holiday or the unused part of the temporary leave.
4. The remuneration for one day of holiday leave or cash equivalent for one day of this leave shall be determined by dividing the salary obtained by the temporary worker during the period of the temporary work carried out by the number of working days, for which that the remuneration was granted.
Article 18. [ Termination of the employment contract] 1. An employment contract concluded with a temporary employee shall be resolved within the period set between the parties to the period of execution of the temporary work for the benefit of the user's employer, taking into account art. 13 (1) 2.
2. The employer, who intends to give up the work by the temporary worker before the expiry of the period of the temporary work agreed with the temporary agency, shall notify the temporary agency in writing of the the estimated time limit for completion of temporary work by a temporary worker, if possible in advance, to take into account the duration of the termination of the temporary work contract.
3. In case of actual cessation of the worker's execution of temporary work to the benefit of the employer of the user due to failure to work, without justification for the reasons of absence at work, or refusal to carry out further work In order to do so, the employer shall immediately inform the temporary agency of the temporary agency of the time and the circumstances of the cessation of the work by the temporary worker.
Art. 18a. [ Labour Certificate] 1. The temporary agency shall issue to the temporary worker a certificate of work relating to the total completed period of employment of the agency covered by successive contracts of employment established within a period of not more than 12 consecutive months.
2. The certificate of work shall be issued on the date of expiry of the period referred to in paragraph. 1. However, if the termination or termination of a contract of employment established before the expiry of the 12 consecutive months falls after the expiry of that period, the certificate of work shall be issued on the date of termination or termination of such employment contract.
3. If the issue of a certificate of work within the time limits specified in paragraph. 2 shall not be possible, the agency for temporary work, not later than the next 7 days, shall send or deliver the certificate of work to the temporary worker or to the person authorised by him in writing to receive the certificate of work.
Art. 18b. [ The date of issue of the work certificate 1. A temporary worker may at any time request the agency to issue a temporary work certificate in connection with the termination or termination of the employment relationship.
2. The certificate of work shall apply to the period of employment on the basis of any subsequent contract of employment or the total period of employment covered by successive contracts of employment.
3. The certificate of work shall be issued within 7 days from the date of application of the request, and if its issue at that date is not possible, the agency of temporary work shall, no later than within the following 7 days, send or deliver a certificate of work to the employee to the temporary or to the person authorised by him in writing to receive the certificate of work.
Article 19. [ Repairing the damage caused by the employee] 1. The agency of temporary work shall be obliged to repair the damage caused to the employer to the user by a temporary worker in the performance of temporary work-on the basis and within the limits of the applicable worker in accordance with the provisions of material liability of employees.
2. The agency of temporary work shall have the right to investigate from the employee a temporary reimbursement of the equivalent of compensation, which was paid to the employer to the user.
Article 20. [ Temporary Work Execution Period] 1. For a period covering 36 consecutive months, the temporary employment agency employing a temporary worker may refer the temporary worker to perform temporary work in favour of one employer of the user for a period not exceeding 18 months.
2. If a temporary worker performs a temporary work on behalf of the employer in question, temporary work involving the tasks which he/she belongs to the duties of an absent employee employed by that employer, period of time the execution of temporary work shall not exceed 36 months.
3. After the period of execution of the temporary work referred to in paragraph. 2, for a given employer the temporary worker may be redirected to perform temporary work with that employer of the user not earlier than after 36 months.
Article 21. [ Disable the application of the provisions of the Labour Code The work contracts concluded between the temporary agency and the temporary worker shall not apply to the contract. 25 1 Labour code.
Article 22. [ Use of social devices] A temporary worker during the period of the temporary work for the benefit of the employer of the user shall have the right to use the social devices of the employer of the user on the rules provided for the employees employed by that user's employer.
Article 23. [ Obligation to inform on temporary work] 1. The employer user is obliged to inform the representative organization representative within the meaning of the art. 241 25a The Labour Code of its intention to entrust the work of temporary work to the temporary agency worker. However, the employer, who intends to entrust the worker to a temporary work agency for a period of more than 6 months, is obliged to take action to agree on that intention with the representative Union organisations.
2. The employer user is obliged to pass on to the federal organizations referred to in paragraph. 1, the information specified in art. 9 ust. 1. The employer and representative associations may establish a wider range of information to be provided to these organizations.
3. The employer user is obliged to inform temporary workers, in the manner accepted by this employer of the user, about the vacant posts on which he intends to employ employees.
Article 24. [ Temporary Employee Claims] The claims of a temporary worker shall be considered by the court of employment due to the seat of the temporary employment agency employed by that worker.
Article 25. [ Rights and obligations of the employer of the user] The rights and obligations of the employer of the user and of the temporary work agency on an unregulated basis in the Act shall specify the contract concluded between them.
Chapter III
Management of temporary work of non-temporary employment agency workers
Article 26. [ Temporary work of pupils] 1. To persons between the ages of 16 and 18 years who are students, addressed to temporary work under a civil law contract, the provisions of the Labour Code concerning the hiring of juveniles for a different purpose than professional preparation shall apply accordingly.
2. To persons addressed to temporary work on the basis of a civil law agreement shall apply mutatis mutandis the provisions of the art. 8, 9 ust. 1 and Art. 23.
Chapter IV
Penal provisions
Article 27. [ Liability of employer for failure to fulfil obligations] 1. Who, being the employer of the user or acting on his behalf, does not provide a temporary worker with safe and hygienic working conditions in the place designated to perform temporary work or does not equip the employee's job position temporary in machinery and other technical devices which meet the requirements for conformity assessment shall be punished by the fine.
2. The same penalty shall be subject to, who, being the employer of the user or acting on his behalf, does not complete the agreed in writing with the agency of work of temporary duties of the employer, including:
1. does not provide an employee with temporary clothing and footwear as well as personal protective equipment;
2) does not provide an employee with temporary drinks and prophylactic meals;
3) does not provide training of a temporary worker on occupational health and safety before allowing him to work and recurrent training;
4. does not ensure that the circumstances and causes of the accident at work to which the temporary worker has been employed have been established in the circumstances.
5) does not inform the temporary worker of the occupational risks associated with the work carried out, and the principles of protection against threats;
6) do not fulfil any other obligations, agreed with the agency of temporary work, related to the execution of temporary work by a temporary worker.
Article 28. [ The procedure for dealing with cases of misconduct] In cases of misconduct referred to in art. 27, adjudicate, on the basis of a request from the labour inspector, in the mode prescribed by the provisions of the Code of Conduct on Offense Cases.
Chapter V
Adaptation and final provisions
Article 29. (bypassed)
Article 30. (bypassed)
Article 31. (bypassed)
Article 32. [ Application of provisions of the Act] Article Recipe 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.
Article 33.
1) This Act shall be subject to the implementation of Directive 91 /383/EEC of 25 June 1991 on the implementation of Directive 91 /383/EEC. supplementary measures to encourage improvements in the safety and health at work of workers with a fixed duration or a temporary employment relationship (Dz. Urz. EC L 206 of 29.07.1991).
The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
