25.08.2020 Labour law

The President signed the amended Act on the posting of workers

On 18 August 2020, the President signed the amended Act on the posting of workers in the framework of provision of services, introducing the provisions of EU directive into Polish legislation. The adopted regulations impose a number of new obligations on employers.

The Act of 24 July 2020 amending the Act on the posting of workers in the framework of provision of services and certain other acts for companies posting employees to EU countries means the need to comply with the amended provisions. They assume the obligation to provide, in accordance with the EU Directive 2018/957 adopted in 2018 – and deadline for its implementation into Polish law passed on 30 July 2020 – the same employment and pay conditions for persons temporarily sent by a company to a foreign market as in the case of employees performing the same work in the host country.

In addition, the Act limits the period of posting of workers to 12 months with the possibility of extending it by 6 months, but only on the basis of a motivated notification and resolves the problem of unfair competition between companies posting workers and companies operating in the host countries.

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The amendment also imposes an obligation on temporary employment agencies to provide the posted workers with working conditions that are at least as favourable as those of domestic posted workers. The adopted amendment also increases the powers of the National Labour Inspectorate (PIP) by giving it the possibility of requesting information about the posting of worker from Poland to another EU country – and imposes additional obligations on PIP, including ensuring cooperation with labour inspectorates of other EU countries in matters related to the posting.

The amended Act enters into force within 14 days from the date of its announcement.

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