The key amendments introduced in the national regulations introduced by the new act include:

• The extension of the catalogues of situations related to the provision of services considered posting - by amending the definition of an employer posting away from as well as to the territory of the Republic of Poland (the so-called chain posting or multi-layered posting).
• The amendments in the catalogue of the conditions for employment, guaranteed for the employees temporarily posted for work in Poland (which are not temporary agency workers) and depending on the duration of the posting and submitting a notice containing an explanation to the National Labour Inspectorate.
• Exclusion of the applicability of the regulations regarding the conditions of employment guaranteed for employees posted to work in Poland in relation to the employees which post temporary workers to the territory of the Republic of Poland, including a case where a foreign employer, using employees hired through a foreign temporary employment agency hiring personnel from the same or another Member State, posts the employees to work in Poland as part of the services rendered in Poland.
• The possibility to extend (up to 18 months of posting) the period, during which the employer who posts an employee to the territory of the Republic of Poland is obliged to provide the employee posted to work in Poland with minimum employment conditions, guaranteeing protection at the so-called minimum level by filing a notice with a justification.
• New obligations imposed on the employer and sanctions for failing to adhere to the obligations.
• Obligation to notify the National Labour Inspectorate of any change in the information covered by a previously submitted statement on the posting of an employee to the territory of Poland.
• The possibility for the National Labour Inspectorate to obtain information on the posting from an entrepreneur posting an employee from the territory of the Republic of Poland and from the Social Insurance Institution (ZUS), heads of tax offices and other public administration bodies on the posting not only following a request from a competent foreign authority, but also within the framework of control and supervision activities, in connection with a suspicion of a breach of the regulations of the Member State to which an employee posted from the territory of the Republic of Poland was directed.
• Possibility of obtaining data contained in tax files by the authorities of the National Labour Inspectorate.
• Extending the scope of the inspections carried out by the State Labour Inspectorate.

 

Additional information on the new regulations on posting of workers in the framework of the provision of services are available at Biznes.gov.pl as well as on the website of the National Labour Inspectorate.

Legal basis

The Act of 24 July Posting of workers in relation to the provision of services have entered into force on 4 September 2020 (Dz.U. [Polish Journal of Laws] 2020, item 1423) aims to implement the Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services in the Polish legal order.