The currently applicable rules for terminating temporary employment contracts are an important issue for all participants in this three-party relationship, namely: the temporary employment agency, the temporary worker and the user employer. Proper understanding and practical application of the established standards of conduct make it possible to act legally, avoid potential misunderstandings and protect the interests of all parties. Termination of a temporary employment contract – check the most important information on this topic.
How can a temporary employment contract be terminated?
Article 18 of the Act of 9 July 2003 on the Employment of Temporary Workers introduces the following rules that should be kept in mind in the context of terminating a temporary employment contract:
- An employment contract concluded with a temporary worker terminates upon expiry of the period agreed between the parties for performing temporary work for a given user employer.
- A user employer who intends to discontinue the temporary worker’s work before the end of the temporary work period agreed with the temporary employment agency should notify the temporary employment agency in writing of the expected termination date.
- The user employer must also immediately notify the temporary employment agency of the date and circumstances in which the temporary worker stopped performing work (due to failure to report to work without justifying the absence or refusal to continue performing temporary work).
Notice period for a temporary worker – what should you know?
Notice periods for temporary employment contracts are significantly shorter than those applicable to standard employment contracts, which results from the flexible nature of this form of employment. According to Article 13(2) of the Act of 9 July 2003 on the Employment of Temporary Workers, if a contract with a temporary worker has been concluded for a period not exceeding two weeks, the notice period is only three days, allowing the employment relationship to be terminated quickly. In the case of temporary contracts concluded for a period longer than two weeks, the notice period is extended to one week, which is still significantly shorter than standard notice periods.
Temporary work and the employment certificate – summary
An employment certificate contains detailed information about the completed employment relationship (including the period and type of work performed, annual leave taken and the reason why the employment relationship ended). A temporary worker is also entitled to receive this document. The content of the employment certificate for a temporary worker relates to the total completed period of employment with a specific temporary employment agency covered by consecutive employment contracts concluded within a period not exceeding 12 consecutive months. The document should include information concerning each user employer for whom temporary work was performed under an employment contract.
FAQ SECTION
What are the basic rules for terminating a temporary employment contract?
The most important information on this topic is set out in Article 18 of the Act of 9 July 2003 on the Employment of Temporary Workers.
When does an employment contract concluded with a temporary worker terminate?
An employment contract concluded with a temporary worker terminates upon expiry of the period agreed between the parties for performing temporary work for a given user employer.
Who issues the employment certificate to a temporary worker?
The obligation to issue an employment certificate to a temporary worker lies with the temporary employment agency, which is the formal employer.
What is the notice period for a temporary worker?
The notice period for a temporary worker is 3 days if the contract was concluded for a period of up to 2 weeks, or 1 week if the temporary employment contract was concluded for a period longer than 2 weeks.
Source: Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws 2003 No. 166, item 1608).
