On 18 June 2016, new legislation came into force regarding the posting of employees in the framework of provision of services. The new rules stem from the obligation to transpose EU Directive 2014/67/EU, dated 15 May 2014, into Polish law.
The act confirms the obligation to ensure that an employee posted in the Republic of Poland enjoys conditions of employment in line with the labour code and other relevant legislation which sets forth employees' rights and duties. The protected terms concern:
- Working time norms, and daily and weekly rest periods
- Number of days holiday
- Minimum national salary or salary required under immigration rules
- Overtime pay
- Health and safety at work
- Protection of pregnant employees and employees during maternity leave
- Work of minors and performing work or other paid activities by children
- Equal treatment and non-discrimination in employment
- Temporary workers' statutory rights
- New powers for the labour inspectorate to control if the employee has the status of a posted worker and if terms of employment meet requirements of Polish law. New catalogue of criminal offences punishable by a fine from 1,000 PLN to 30,000 PLN for violation of the Act.
- The posting employer has a duty, at the very latest at the moment of starting the performance of a service, to provide a statement to the labour inspectorate containing information necessary to conduct an audit of the state of affairs at the employee's place of work, e.g. projected number of posted employees and their personal data, start and end dates of posting, as well as description of the type of service justifying posting of employees to Poland. This information will need to be updated when any changes occur.
- The posting employer must designate a person residing in Poland who will be responsible for liaising with the labour inspectorate and for sending and receiving notifications and/or documents.
- The posting employer shall be obliged to store certain employment related documents (in paper or electronic form) in the territory of Poland. This duty covers contracts of employment and documentation related to working hours and documents confirming the amount of employee's pay, deductions made and their actual payment.
- The posting employer shall be obliged, at the labour inspectorate's request, to provide documents relating to the employment of an employee within two years after the posted employee finished working in the country.
- The joint and several liability of a construction contractor and an employer who posts an employee in Poland as its subcontractor, for obligations related to overdue remuneration (minimum statutory pay) and overtime pay (in certain specific cases a Polish entity (contractor) can avoid this liability).
Employers whose employees have been posted to Poland on or before 18 June 2016 and whose posting continues.
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