Posting of workers – the amended provisions

Currently, there are works in progress to amend the Act of 10 June 2016 on the posting of workers in the framework of provision of services aimed at implementing Directive 2018/957 of the European Parliament and of the European Council (EU) of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of provision of services (Official Journal of the EU L 173 of 9 July 2018).

The provisions of the amendment to the Polish Act concern employees posted to the territory of Poland and they are to enter into force on 30 July 2020.

Posting of workers – key changes

The draft of the Ministry of Family, Labour and Social Policy (MRPiPS) on posted workers includes, inter alia, the following points:

• limitation of the period of posting to 12 months with the possibility to extend it by 6 months on the basis of a reasoned notification,
• payment to a posted worker remuneration for work covering all the components of remuneration resulting from the provisions regulating the rights and obligations of employees – instead of the minimum remuneration for work,
• payment of the costs of a business trip from the place of work in the territory of the Republic of Poland to which the employee was posted to another place of work in the territory of the Republic of Poland or outside the territory of the Republic of Poland,
• after the period of posting, payment of remuneration on the same terms as for the local worker and application of all the host country’s terms and conditions of employment (first day after 12 months of posting or 18 months of posting if a reasoned notification is submitted).

Posting of workers – National Labour Inspectorate (PIP) entitlements

The draft also modifies, among other things, the tasks and powers of control of the National Labour Inspectorate:

• acknowledgement of the abovementioned reasoned notification,
• cooperation with the competent authorities of other Member States – to combat abuses concerning the posting of workers,
• reporting to the European Commission on cases of delays in providing information on workers posted to or from the territory of Poland,
• introducing the principle of applying no less favourable terms and conditions of employment than those resulting from national legislation on the posting of workers – if a PIP identifies a false posting,
• limiting the form of documents submitted by an employer posting an employee on the territory of the Republic of Poland to electronic form only.

Furthermore, the definition of an employer posting an employee has been extended to cover temporary employment agencies and employment agencies.

The amendment also provides for other changes related to the implementation of the Directive in accordance with the proposals submitted by the National Labour Inspectorate, inter alia: change in the Tax Ordinance in order to enable PIP to obtain from tax authorities information necessary to carry out the tasks imposed on the National Labour Inspectorate by the aforementioned Act.

 Author: 

Katarzyna Zarzycka
Foreigners’ consultant
TGC Corporate Lawyers 

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