Temporary work and L4 – is it applicable?
Many candidates wonder about the issue of sick leave when working through an agency. The topic of temporary work and the Employment Insurance Card (L4) often raises questions: do temporary workers have the same rights as those employed directly by the employer? Can they use sick leave and receive sick pay or social security benefits?

TABLE OF CONTENTS
- Temporary work – what is it?
- Who is a temporary employee?
- Temporary employment contract – everything you need to know?
- What are the conditions of temporary work?
- Temporary work and the National Insurance Number (L4) – is it required?
- Who pays for a temporary employee’s National Insurance Number (L4)?
Temporary work – what is it?
Temporary work is a form of employment in which a temporary employee is hired by a temporary employment agency and then assigned to perform work for a specific employer (the “user employer”). This employment model is common in the labor market, particularly in industries such as warehousing, manufacturing, and logistics.
Who is a temporary employee?
A temporary employee works under a contract with an agency. This may be a temporary contract (e.g., a fixed-term employment contract) or another temporary contract (e.g., a contract of mandate), depending on the nature of the employment. The employment agency is the formal employer – it signs the contract, pays social security contributions, provides insurance, and settles the salary.
Temporary Employment Contract – Everything You Need to Know?
A temporary employment contract is one of the forms of employment available on the labor market, particularly popular in industries such as manufacturing, warehousing, and logistics. While many people find it less stable than a full-time job, in practice it provides specific rights, remuneration, and insurance.
A temporary employment contract involves a temporary employee signing a contract with a temporary employment agency and then working for another company – the “user employer.” This form of temporary employment is regulated by law, specifically the Act on the Employment of Temporary Employees.
In practice, this means that:
- the formal employer is the employment agency,
- the temporary employee works for the company to which they are assigned,
- the terms of cooperation are clearly defined in the contract.
The temporary employment agency pays the temporary employee’s salary, even if the work is performed at another company. The agency is responsible for timely payments, social security contributions, and settlements.
A temporary employment contract is concluded for a specified period. Regulations regulate the maximum duration of temporary work for a single employer, which is intended to prevent abuse of this form of employment.
A temporary employee performs their duties under the same working conditions as other employees at a given location—this includes working hours, breaks, health and safety regulations, and workspace organization.
A temporary employment contract is a solution for individuals who want to quickly begin legal work, gain experience, or adapt their employment to their current situation. While it doesn’t always mean fixed hours, it provides real rights, remuneration, and insurance.
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What are the terms and conditions of temporary employment?
A temporary contract is concluded for a fixed term. A temporary employee can work for a single employer for a maximum of 18 months within a 36-month period. This is an important principle that defines the duration of temporary employment and prevents long-term replacement of full-time positions with temporary employment. After this limit, assignment to another company or termination of employment is possible.
A temporary employee’s salary cannot be lower than that of employees in similar positions at the same company. Importantly, the employment agency pays the salary, meaning the employment agency is responsible for the employee’s timely remuneration, payment of social security contributions, and accurate settlements. This provides the employee with a clear legal and insurance situation.
Temporary Work and Sick Leave – Is It Entitled?
A temporary employee employed under an employment contract is covered by sick leave insurance, so if they are unable to work, they can use sick leave insurance. This means that sick leave applies to them under the same rules as other employees employed under an employment contract.
It’s worth remembering that temporary work under Sick Leave also involves a waiting period. If the temporary contract is the first employment contract or there is a break in employment, entitlement to sick leave benefits is acquired after 30 days of coverage. Once this condition is met, the temporary employee is fully entitled to sick leave insurance.
Who pays for a temporary employee’s sick leave certificate?
Although a temporary employee works day-to-day for a so-called user employer, the temporary employment contract is concluded with an agency. This means that the temporary employment agency takes over all formal obligations in the temporary employment relationship with the sick leave certificate – including those related to illness and sick leave.
If a temporary employee becomes ill and provides a sick leave certificate, they are entitled to sick pay for the first 33 days of incapacity for work in a calendar year (and 14 days after the age of 50). During this period, the temporary employee’s sick leave salary is paid by the employment agency, as it is the employer within the meaning of the regulations.
After the sick leave limit is exhausted, sick pay is paid. In practice, the employment agency also acts as an intermediary, processing the sick leave certificate and transferring the ZUS benefit to the employee. The amount of sick pay depends on the base salary and whether the employee is covered by sick leave insurance.
To summarize:
At the beginning of the incapacity period, sick pay applies, and only then does sickness benefit from the Social Insurance Institution (ZUS) apply.
First stage – employer (agency) pays
For:
- 33 days of sickness per calendar year
- 14 days if the employee is over 50 years old
Sick pay is paid by the employer, or in the case of temporary work, by the temporary employment agency. This applies to every temporary employee who meets the insurance requirements.
Next stage – ZUS pays
After exceeding the above limit:
- the benefit changes to sickness benefit,
- sickness benefit is paid by the Social Insurance Institution (ZUS), not the employer.
The employment agency then serves primarily as a formal agent.ą — przekazuje dokumenty i rozlicza zwolnienie, ale pieniądze pochodzą z ZUS.
Check also: How long can you work through an employment agency?