{"id":3967,"date":"2017-01-01T19:50:00","date_gmt":"2017-01-01T19:50:00","guid":{"rendered":"https:\/\/millercanfield.pl\/?p=3967"},"modified":"2025-04-14T18:03:42","modified_gmt":"2025-04-14T18:03:42","slug":"new-regulations-on-the-posting-of-workers-for-the-provision-of-services","status":"publish","type":"post","link":"https:\/\/millercanfield.pl\/en\/new-regulations-on-the-posting-of-workers-for-the-provision-of-services\/","title":{"rendered":"NEW REGULATIONS ON THE POSTING OF WORKERS FOR THE PROVISION OF SERVICES"},"content":{"rendered":"\t\t
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The Act dated 10 June 2016 on the Posting of Workers in the Framework of the Provisions of Services (the \u201cAct\u201d) came into force on 18 June 2016. The Act lays down, among others, rules on posting workers within Poland as part of the provision of services, for verifying compliance with the provisions on posting workers and the fulfilment of disclosure obligations related to the posting of workers, and also on the protection of workers posted within and from Poland.<\/p>

The purpose of this legislation is to implement Directive 96\/71\/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and Directive 2014\/67\/UE of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96\/71\/EC. With the entry into force of the posted workers legislation, the provisions of the Second Section of Chapter IIa of the Polish Labour Code, which dealt with the terms of employment for workers posted within the Polish territory from a European Union member state, were repealed.<\/p>

Under the Act, employers who post workers within Poland are required to provide these workers with terms not less favourable than those provided for under the Labour Code and other regulations governing the rights and obligations of employees, for example, in respect of working time standards and the number of working time hours, as well as daily and weekly rest periods, the minimum wage, rates of pay and overtime allowance, and also the protection of pregnant workers, including during maternity leave. However, the provisions concerning minimum paid annual holidays, minimum rates of pay and overtime allowance will not apply to posted workers where they are tasked \u2013 in line with their qualifications and provided that the duration of the worker\u2019s posting does not exceed eight days in a year, starting with the date on which they commence work at a given position \u2013 with initial assembly or first installation work as contemplated under an agreement between the employer posting the worker concerned within the territory of Poland and an undertaking operating therein, if such assembly\/installation is necessary for taking the goods supplied into use. This derogation does not apply, however, to any employee performing at such place any work associated with the construction or maintenance of a building structure.<\/p>

In addition, under the Act the employer posting workers within the territory of Poland is obliged to designate a person (to be present within Poland for the duration of the posting) authorized to act as intermediary in contacts with the State Labour Inspection (Pa\u0144stwowa Inspekcja Pracy \u2013 the \u201cPiP\u201d) and to send and\/or receive documents and notices. Further obligations imposed on the employer concerned include filing with the PiP a statement providing the statutorily defined information that is necessary to carry out factual checks and controls at the workplace (no later than on the date of commencement of the provision of service) and notifying each change to the above-mentioned information within seven business days from such change. These statements and notices may be delivered on paper or electronically, either in Polish or in English.<\/p>

Finally, employers posting workers within the territory of Poland are required to keep (during the posting) documentation relating to the posting of each worker (in electronic or paper form).<\/p>

The Polish legislature has also introduced the possibility that an employer failing to meet the duties imposed on it may be subject to a fine. The amount of this fine may range from PLN 1,000 to PLN 30,000.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\n\t\t\t\n\t\t\t\t\t\t\u00a9 Miller, Canfield, W. Babicki, A. Che\u0142chowski i Wsp\u00f3lnicy Sp. k.<\/span>\n\t\t\t\n\t\t\t\t\t\t