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Poland

15 February 2017

Poland: New draft law on hiring temporary staff

The Polish Government has submitted to parliament a draft reform law on the hiring of temporary workers. This initiative is a result of the huge increase in the use of temporary staff and the rise in the number of temporary employment agencies.

The text seeks to improve practices in the temporary employment sector, especially hiring conditions for temporary staff and legal certainty for the companies involved. The social partners and representatives of the sector support the majority of the government’s approach.

The reform’s most innovative proposal is the ban on giving a temporary worker a ‘type of work’ (rather than a ‘post’) that, in the previous three months, had been carried out by a permanent worker in the company who had been made redundant in the meantime. It also includes new obligations to improve the rights of temporary workers with the aim, in particular, of reducing the number of discrimination cases in relation to those involving colleagues who are directly employed by the company. The draft law seeks to improve the information available to temporary staff and obliges companies to confirm in writing to the temporary employment agency that the temporary worker will not be used in any illegal situation. A temporary worker may work for a company for a maximum of 18 months, followed by a gap of at least 36 months, regardless of the temporary employment agency concerned.

The draft law regulates the market for these agencies by creating a distinction between intermediation and consulting agencies on the one hand, and temporary employment agencies on the other. There will also be a tighter framework for placing foreign workers with companies in Poland. The government hopes that the law will enter into force on 1 June 2017. However, in practice, most of its provisions will only take effect after 1 January 2018 and will not apply to current temporary placements.

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