New rules for the secondment of employees to the territory of Poland
On 18th June 2016, the new act of 10th June 2016 became effective on secondment of employees to provide services. It introduces into the Polish legal system the Directive of the European Parliament and of the Council No. 2014/67/EU of 15th May 2014 on enforcement of the Directive 96/71/EC concerning secondment of employees to provide services.
It is necessary that all foreign employers sending their employees to work in Poland should get acquainted with the new regulations.
The act imposes an obligation on employers seconding employees to the territory of Poland to guarantee such employees conditions of employment no less advantageous than those applicable under the provisions of the Labour Code and other provisions regulating the rights and obligations of employees. In particular, it relates to the norms and duration of working time, minimum pay for work fixed under separate regulations, amount of remuneration and allowance for overtime work, health and safety at work, protection for an employee during pregnancy and maternity leave.
Another novelty is the introduction of joint and several responsibility of a contractor for entrusting construction work or work involving maintenance of a building to delegated employees, towards such an employee together with his/her employer for obligations on account of unpaid remuneration and allowance for overtime work.
The act grants the State Labour Inspection [PIP] the right to control employers delegating employees to the territory of Poland who will be able, inter alia, to call such an employer to account. PIP will be allowed to check whether this employer is indeed carrying out significant activity in the territory of another Member State and whether an employee delegated to the territory of the Republic of Poland is doing his work in this territory temporarily only.
Moreover, an employer delegating employees shall be obligated to appoint a person authorized to contact the State Labour Inspection and to send and receive notices. Such a person must be resident in the territory of the Republic of Poland. Until the commencement of services, a statement should be filed with PIP concerning employees delegated and work entrusted to them. In order to enable PIP to exercise control, an employer must keep in the territory of Poland copies of the most important documents concerning the employee delegated, including copy of the employment contract, documentation specifying working time and remuneration of the employee.
It should be emphasized that the new act contains punitive regulations that provide for a possibility of fining an employer failing to comply with the provisions thereof.