POLAND – New Requirements for Employers of Seconded Workers
Effective 18 June 2016, new legislation establishes rules for employers of workers seconded, or posted, to Poland for a short-term assignment.
The Act requires employers of seconded workers to notify the National Labour Inspectorate (PIP), keep records and establish a point of contact, and introduces fines for non-compliance.
The legislation implements European Union (EU) Directive 2014/67/EU (The Enforcement Directive), which Member States were obliged to transpose into their national legislation by 18 June 2016.
What are the new requirements?
- A foreign employer sending any employee (either EU national or non-EU national) to Poland on secondment, from either within the EU or outside the EU, must now provide a statement to PIP no later than the day the assignment starts, containing specific information on the secondment.
- The employer must notify PIP of any changes in the information included in the statement no later than within seven days of the date of the change.
- The employer is required to keep certain documents relating to the secondment in Poland, either in electronic or paper format.
- These documents must be available in Poland during the secondment and for up to two years after the end of the secondment.
- The employer must provide PIP with any of these documents, along with their translation into Polish, not later than within five working days of receipt of the request (or within 15 days if requested during the two years after the end of the secondment).
- The employer must designate a person resident in Poland who is authorised to access the secondment documents and to contact PIP on the employer’s behalf, as required.
- The new legislation also establishes protections for seconded employees in terms of working hours, holidays, pay, health and safety, maternity leave and non-discrimination, to ensure that these are in line with what is required for locally resident employees in Poland.
- Any employer posting workers to Poland who fails to provide the required information or documents at the request of PIP, or who otherwise breaches the provisions of the new law on posting workers, will be subject to a fine of between 1000zł and 30,000zł (about €250 -€7500).
- Any employer with employees already seconded to Poland before or on 18 June 2016 must ensure that they comply with the notification and data retention requirements of the new legislation within three months (i.e. by 18 September 2016).
- Employers seconding employees to Poland since 18 June 2016 must ensure that they are already compliant with the new regulations.