Temporary work in Poland or abroad is an employment model that offers many benefits to both employees (flexibility, the opportunity to enter the labour market, and the chance to develop skills and gain professional experience) and employers (cost optimisation and the ability to respond quickly to changing staffing needs).
Are you planning to take up temporary work in the near future and want to learn more about it? Check out the most important information!
What is temporary work?
Temporary work is one of the forms of employment under which work can be performed. It involves three parties – a temporary employment agency, a user employer and a temporary worker. The legal definitions of these terms are set out in the Act of 9 July 2003 on the Employment of Temporary Workers, which is the key piece of legislation in the context of this issue.
Temporary work involves the employment of a temporary worker by a temporary employment agency, which in this case is the formal employer (it concludes the contract, pays remuneration and pays social security contributions). However, the employee is assigned to perform duties for a user employer, which gives the temporary worker tasks and supervises their performance.
As part of temporary work, the following tasks are performed:
- seasonal, periodic or ad hoc work (e.g. picking fruit or vegetables, distributing leaflets),
- work that could not be completed on time by employees hired by the user employer (for example, due to a temporary increase in demand for labour within a given company),
- work that normally falls within the duties of an absent employee hired by the user employer (for example, because a particular employee is on long-term sick leave).
What work may a temporary worker not perform?
Article 8 of the Act of 9 July 2003 on the Employment of Temporary Workers introduces a prohibition on assigning certain types of work to a temporary worker, thereby limiting the potential scope of duties performed in a given position.
According to its wording, this includes:
- particularly hazardous work (as defined in regulations issued on the basis of the Labour Code),
- work performed at a workstation occupied by an employee of the user employer while that employee is participating in a strike,
- work of the same type as that performed by an employee of the user employer whose employment relationship was terminated for reasons not attributable to employees within the 3 months preceding the expected date on which the temporary worker is to begin temporary work,
- work requiring a security employee to be equipped with combat firearms or devices intended to incapacitate people using electric energy, the possession of which requires a permit.
Temporary employment contract – how long can it last? Summary
In the case of a temporary employment contract, a maximum duration is specified. Under the applicable regulations, a temporary employment agency may assign a given temporary worker to perform temporary work for one user employer for a total period not exceeding 18 months, i.e. one and a half years, within a period covering 36 consecutive months. This limit is fundamental to the nature of temporary work because it emphasises its temporary character.
FAQ SECTION
Who is the formal employer in temporary work?
In this case, the formal employer is the temporary employment agency, which employs the worker and assigns them to perform temporary work for the user employer. This is stated in Article 1 of the Act of 9 July 2003 on the Employment of Temporary Workers.
Which industries most often offer temporary work?
Temporary work is popular in many industries, including logistics, manufacturing, retail, services, hospitality, catering, agriculture and the IT sector.
What should a temporary employment contract contain?
An employment contract concluded between a temporary employment agency and a temporary worker should specify: the parties to the contract, the date of conclusion, the user employer and the agreed period during which temporary work will be performed for that employer, as well as the temporary worker’s employment conditions (including remuneration for work and the method of payment).
Is a temporary worker entitled to annual leave?
Yes, a temporary worker is entitled to annual leave of two days for each month during which they remain at the disposal of one user employer or more than one employer. Annual leave is granted to the temporary worker on days that would otherwise have been working days if they had not been on leave.
Source:
- Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws 2003 No. 166, item 1608).
