BackHow long can you work through an employment agency?
Are you planning to work through an employment agency, but aren’t sure how long you can stay? The duration of temporary employment is defined by law and depends on the type of contract and the employer’s needs. What is the limit for temporary work?
TABLE OF CONTENTS
- Temporary Employment – What is it?
- Temporary Employment Contract – Everything You Need to Know
- Obligations of the Employer-User
- Temporary Employment Agency – What Does it Do?
- What Work Can a Temporary Employee Be Entrusted with?
- Temporary Employment Limit – How Long Can You Work Through an Employment Agency?
- Agency Work – Where to Find It?
Temporary Employment – What is it?
Temporary employment is a flexible form of employment in which a temporary employee performs duties for another company – the so-called user employer – but is formally employed by a temporary employment agency. This means that the agency is a party to the contract and is responsible for salary payment, calculating contributions, and personnel matters.
This employment model allows for the flexibility to tailor work to the needs of the employee and the company. Temporary employees can work full-time, part-time, or seasonally – depending on the nature of the position. Temporary employment is often the first step toward gaining professional experience or a way to quickly start working in a new location.
Temporary Employment Contract – Everything You Need to Know
A temporary employment contract is a document signed between a temporary employment agency and an employee who performs duties for another company – the user employer. Although the employee works daily at the user employer’s facility, the agency remains their formal employer, responsible for administrative matters, HR, and salary payment.
This temporary employment contract is concluded for a fixed term, always specifying precisely the type of work, location, and duration of the assignment. It also specifies working hours, remuneration, and employment conditions in accordance with labor law. Importantly, a temporary employee is entitled to the same working conditions as other employees employed directly by the company in a similar position.
As part of a temporary employment contract, the agency is obligated to provide the employee with information about their rights, the type of duties performed, and safety regulations. The temporary employment agency’s responsibilities also include the payment of social security contributions and taxes, and ensuring timely payment of wages.
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Employer Hiring Obligations
When employed by a temporary employment agency, the employee’s daily duties are performed on behalf of the employer-hired employee. Although the agency remains the formal employer, the employer-hired employee organizes and supervises the day-to-day work. Therefore, regulations clearly define their responsibilities towards the temporary employee.
The most important obligations of the employer-hired employee include ensuring safe and lawful temporary work conditions. This includes compliance with occupational health and safety regulations, providing necessary tools and materials, and providing appropriate training in safety and job-related duties. The employer must also ensure that the working conditions do not differ from those of employees directly employed in similar positions.
Another important responsibility of the employer-hired employee is to monitor working hours and transmit information about their records to the temporary employment agency, which then pays the employee’s wages. The employer-hired employee may not assign the employee duties other than those specified in the agency’s referral or violate regulations regarding the maximum duration of temporary work.
According to the regulations, the employer-user should inform the agency about all events related to the provision of temporary work – e.g. accidents at work, changes in working hours or planned termination of cooperation.
Temporary Employment Agency – What Does It Do?
A temporary employment agency serves as an intermediary between the employee and the company where they will perform their duties, known as the user employer. It formally employs the temporary employee, signs a temporary employment contract or a civil law contract, and then assigns them to a specific job. This allows companies to quickly respond to changes in staffing needs—for example, during peak seasons or during peak workloads—and job seekers gain the opportunity to gain experience in various industries.
The primary responsibilities of a temporary employment agency include recruiting candidates, matching them to the company’s needs, preparing HR documentation, and paying salaries. The agency is responsible for correct settlements, payment of contributions and taxes, as well as for formalities related to the employment of a temporary employee.
The agency also ensures that temporary employment policies are in compliance with regulations, providing information about employment conditions, employee rights, and the duration of the work. It collaborates with the user employer to ensure appropriate temporary work conditions and safety in the workplace.
In practice, a temporary employment agency allows for quick employment—often without lengthy recruitment processes. For many, it’s their first step into the Polish job market, as well as a chance to gain experience or test their skills in a new profession. By partnering with an agency, companies can flexibly manage their workforce without having to create new positions.
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What work can be entrusted to a temporary employee?
Types of work that can be entrusted to a temporary employee:
- warehouse, production, and cleaning work,
- customer service, sales, office and administrative work,
- seasonal work—e.g., in agriculture, logistics, trade, or catering,
- supporting teams during periods of increased demand, such as holidays, vacations, or the completion of large orders.
What cannot be entrusted to a temporary employee:
- particularly hazardous work,
- tasks previously performed by full-time employees who were laid off within the last three months,
- duties requiring special responsibility or decision-making,
- managerial and strategic positions.
Temporary Work Limit – How Long Can You Work Through an Employment Agency?
According to the provisions of the Temporary Workers Employment Act, a single person can perform temporary work for the same employer for a maximum of 18 months within a 36-consecutive month. This means that if a temporary worker performs duties for a given employer for a year and a half, after that period, there must be a break or a change of company to which they are assigned by the agency.
How is the period of temporary work calculated?
The 18-month limit includes all periods of employment of a given employee with the same employer – regardless of whether the contract was concluded directly with the temporary work agency or through another agency. The purpose of this provision is to prevent situations in which a temporary worker is employed for a long time under successive temporary contracts, instead of receiving a permanent job offer.
Exceptions to the Limit
The regulations allow for certain exceptions, for example, in the case of replacing an absent full-time employee – in which case the period of temporary work may last longer than 18 months.
After the limit is exceeded
If the employee continues to perform the same duties after 18 months, the temporary employment relationship should be terminated. Further employment with the same employer requires the signing of a different contract—e.g., a direct employment contract.
Agency Work – Where to Find It?
Looking for a job but not sure where to start? Working with a temporary employment agency can be a good solution. These agencies help you find a job that matches your skills, experience, and expectations. Moreover, they offer both temporary and permanent employment, as well as support throughout the recruitment process.
Looking for temporary work? Contact our employment agency in Katowice! We also have offices in other cities in Poland: Łódź, Poznań, Wrocław, Żyrardów, and Sopot. If you’re looking for a job in Poland, you’ve come to the right place! We look forward to hearing from you!
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