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10 min czytania 11 February 2026

Temporary employment contract and employment contract – what are the differences?

The choice of employment form significantly impacts employee entitlements, such as vacation time and job stability. Therefore, it’s worth carefully analyzing the differences between a temporary employment contract and an employment contract. What exactly is a temporary employment contract? How long does a temporary employment contract last?

Temporary employment contract and employment contract

TABLE OF CONTENTS

What are the responsibilities of a temporary employment agency?

A temporary employment agency is a company that recruits and formally employs individuals for work for its clients (known as user employers). In this model, the agency is the official employer, even though the day-to-day work is performed at another company’s premises.

Temporary employment is based on the collaboration of three parties: the agency, the employee, and the company to which the employee is assigned. Temporary employment is characterized by the agency handling all HR and payroll management. This allows the client company to focus on task management, and the employee has the assurance that their records are being maintained accurately.

The main responsibilities of an agency include:

  • Contract Conclusion – Every concluded contract must be in writing. Most often, it is a temporary employment contract or a contract of mandate. The document specifies the type of work, working hours, and location.
  • Salary Payment – The agency ensures that the salary is deposited into the account on time. The salary of a temporary employee cannot be lower than that of employees in the same position in a permanent capacity.
  • Social Insurance Institution (ZUS) Contributions – The agency is required to register the employee for social security and pay social insurance contributions. Each month of temporary work counts towards the length of service.
  • Employment Certificate – Upon termination of the employment relationship, the agency issues an employment certificate to the employee, confirming the entire period of employment.

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Temporary employment contract and employment contract

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Temporary Employment Contract – What’s Worth Knowing?

When planning to take up temporary work, it’s important to understand the specifics of this form of employment. It’s currently the most common contract offered by temporary employment agencies (alongside the popular contract for services). Temporary work is based on a three-way relationship between the agency, the employee, and the employer-user, where the work is actually performed.

In this model, temporary workers are hired under a special law, but they are also largely protected by the Labor Code. The most important document is the temporary employment contract. For it to be valid, a formal written agreement must be concluded before the assignment begins.

It’s worth emphasizing that temporary work is always a fixed-term contract. The employment of temporary workers by a single agency for a single client cannot last indefinitely – regulations limit the employment period to 18 months within a 36-month period.

Although the agency is technically your employer, a temporary worker employed under this system enjoys a number of guarantees. Above all, temporary workers have the right to equal treatment in terms of working conditions and pay. Temporary employment guarantees that the temporary worker’s salary and earnings are paid by the agency, which also pays all social security contributions.

Furthermore, temporary work regulates rest periods. For each month of temporary work, vacation leave accrues at the rate of two days for every 30 days spent at the employer’s disposal.

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Temporary employment contract and employment contract

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Temporary Employment Contract vs. Employment Contract – What Are the Differences?

While both provide employee status and entitlement to social benefits, they differ in terms of employment structure, time limits, and leave rules.

Parties to the Contract (Tripartite Model)

The biggest difference lies in who your boss is.

  • Employment Contract: The relationship is bilateral – you sign the contract directly with the company where you work.
  • Temporary Employment Contract: This is a tripartite model. Your formal employer is the temporary employment agency, but the work location and daily instructions are provided by the so-called user employer.

Employment Duration and Limits

Regulations precisely define the duration of temporary employment:

  • Employment contract: It can be concluded for a trial period, a fixed-term contract (max. 33 months/3 contracts), or an indefinite period.
  • Temporary work: It is always fixed-term. The period of employment with a single employer cannot exceed 18 months within a consecutive 36-month period. After this period, the employer can no longer use your services through the agency.

Vacation Leave

The rules for accruing vacation leave are one of the most noticeable differences:

  • Employment contract: An employee is entitled to 20 or 26 days of vacation per year (depending on length of service). This amount is available in advance for a given calendar year.
  • Temporary work: A temporary employee is entitled to 2 days of vacation for every 30 days of availability (i.e., for each month worked). This vacation is not available in advance—it must first be earned.

Notice Period

In the case of agency work, the notice period for termination is usually shorter:

  • Employment contract: notice period is from 2 weeks to 3 months (depending on length of service at the company).

Temporary employment contract: notice period is:

  • 3 days if the contract is for less than 2 weeks,
  • 1 week if the contract is for more than 2 weeks.

Employer Responsibilities and Documentation

When hiring temporary workers, the responsibilities are divided:

  • Temporary employment agency: Responsible for paying wages, paying social security contributions, and issuing employment certificates. The agency maintains your personnel files.
  • Employer: Responsible for ensuring safe working conditions, conducting occupational health and safety training, and maintaining working time records.

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