The Polish parliament passed an amendment to the act on the posting of workers in the framework of the provision of services and some other acts. The amendment to the Polish law implements EU regulations. According to the press releases, the amendment may affect all 31 thousand employees posted from other countries to the territory of Poland.
The purpose of the amendment is to implement the EU Directive 2018/957 of June 28, 2018 regarding the posting of workers as part of the provision of services.
In line with the recital 13 of the Directive, experience shows that workers who have been hired out by a temporary employment undertaking or placement agency to a user undertaking are sometimes sent to the territory of another Member State in the framework of the transnational provision of services. The protection of those workers should be ensured. Member States should ensure that the user undertaking informs the temporary employment undertaking or placement agency about the posted workers who are temporarily working in the territory of a Member State other than the Member State in which they normally work for the temporary employment undertaking or placement agency or for the user undertaking, in order to allow the employer to apply, as appropriate, the terms and conditions of employment that are more favourable to the posted worker.
The main assumption is to solve the problem of unfair practices and to promote the principle that the same work in the same place should be paid the same remuneration. The entry into force of the amendment will ensure fair remuneration conditions for posted workers and equal conditions of competition between enterprises posting workers and local enterprises in the host country.
Instead of the minimum remuneration for work, the delegated person will receive remuneration including all remuneration components resulting from the provisions governing the rights and obligations of employees and fees to cover the costs related to the business trip.
If the posting exceeds 12 or 18 months, the employee will have a wider range of guaranteed terms and conditions of employment, the application of which is mandatory to employees in the Member State where the work is performed.
The posted worker will not meet with less favorable employment conditions than those resulting from national regulations.
The control of the National Labour Inspectorate will be extended with additional powers allowing to verify the fulfillment by the employer of the requirements, which delegates an employee to the territory of Poland, of the requirement to submit relevant documents regarding the delegation. These documents will be submitted electronically.
If the temporary employment agency or recruitment agency directs the employee to the employer, and then the employee will be sent on a business trip, the agency will be understood as an employer and will be obliged to provide the temporary worker posted to the territory of the Republic of Poland with working conditions and other employment conditions not less favourable than those applied to domestic temporary workers. In this case, the agency and the employer will have to inform each other.