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Changes in the posting of workers?

Public consultations on the draft amendments to the Posting of Workers Act are in progress. The Act governs the conditions of employment of workers posted to the territory of the Republic of Poland by a foreign employer for the purpose of temporary provision of services. The changes are aimed at implementing in Polish law the amended EU Posting of Workers Directive (2018/957).

The amendment contains several significant changes concerning the obligations to be fulfilled by a foreign employer posting his personnel to Poland. First of all, it broadens the scope of minimum conditions of employment of workers posted to the territory of Poland. It also provides for new tasks of the National Labour Inspectorate related to the enforcement of statutory requirements and the flow of information between inspection authorities in EU Member States.

Under the new regulation, the employer is obliged: 

  • To pay remuneration that covers all components specified in the provisions of Polish labour law, and not – as before – a minimum wage for performed work;
  • Pay the costs of a worker’s business trip to the place of posting or to any other place of performance of personnel duties within or outside Poland;
  • Broaden the coverage of posted workers with Polish terms and conditions of employment in the case of a posting lasting more than 12 months (or more than 18 months if the employer has submitted a reasoned notification to the Polish Labour Inspectorate justifying the extension of the period of posting by another 6 months without being covered by additional obligations arising from Polish law).

The amendment provides that the formal requirements related to the posting of workers to Poland will be fully implemented in electronic form.

Moreover, with the amendment, the scope of the notion of a “personnel posting employer” is expanded. It will now also include an employment agency directing a worker to (a domestic or foreign) user employer, who then posts the worker to provide services in another country. As a result, agencies will have to ensure that the terms and conditions of foreign employment are no less favourable than those applicable to domestic temporary workers. In turn, the user employer will be obliged to inform the agency of the terms and conditions of employment of temporary workers applicable under the national laws and internal regulations of the employer, and of the intention to send the temporary worker to another country.

The new competences of the Polish Labour Inspectorate include primarily: 

  • Extending the inspecting powers and intensifying cooperation with the competent authorities of other Member States in order to combat abuse in the area of posting of workers;
  • Receiving reasoned notifications concerning the extension of the period of posting by 6 months without additional obligations arising from Polish law;
  • Informing the European Commission about delays in providing information on the posting of workers from and to Poland.

Member States have until 30 July 2020 to implement the new rules.

Magdalena Zgłobica