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10 min czytania 25 February 2026

Not every job can be performed as a temporary employee. There are professions and situations where this form of employment is strictly prohibited by law. When can’t a temporary employee be hired? What are the obligations of an employer who employs temporary workers? What rights does a temporary worker have?

TABLE OF CONTENTS

• Temporary work – what is it?
• When can a temporary worker not be hired?
• How long can an employee perform temporary work?
• Responsibilities and nature of temporary work
• Termination of employment with a temporary worker

Temporary Employment – What is it?

Temporary employment is an employment model based on a relationship between three parties: the employee, the employment agency, and the employer-user (the company where you actually work). The entire process is regulated by the Temporary Employment Act and the relevant provisions of the Labor Code.

According to the regulations, the definition of a temporary employee refers to a person employed by an agency who performs tasks for a specific company. Temporary employment involves assigning an employee to the agency’s client to assist them with ongoing projects.

When can’t you hire a temporary worker?

Hiring temporary workers is a way for many companies to quickly fill staffing shortages. However, it’s important to remember that temporary work isn’t a one-size-fits-all solution. The Labor Code and the Act on the Employment of Temporary Workers precisely define restrictions on temporary employment, violations of which can result in severe penalties.

According to the regulations, a temporary worker cannot be assigned to perform certain types of tasks. The most important situations in which temporary employment is legally prohibited include:

• Particularly hazardous work – temporary work cannot include positions with a high risk of accidents (e.g., certain work at heights or work with chemicals).
• Striking positions – a temporary employment agency cannot send staff to a company that is experiencing a collective dispute or strike.
• Replacing employees during layoffs – a company cannot use the services of an employment agency if, within the last three months, the employment relationship in the same position has been terminated for reasons unrelated to the employees (e.g., collective layoffs).
• Replacing under specific rules – a temporary employee cannot be hired to fill the position of someone whose employment contract has been terminated in order to avoid standard labor law obligations.

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How long can an employee perform temporary work?

When planning temporary employment, both the employer and the candidate must keep in mind the strict time limits. Temporary work cannot last indefinitely – it is intended to be temporary, meaning it supports the company during seasonal, ad hoc situations, or when there is a sudden increase in workload.

Temporary Employee Employment Period – Statutory Limits

According to regulations based on the Labor Code and the Temporary Employee Act, the performance of temporary work by one person for the same employer is limited. The main rule states that:

The employment period cannot exceed a total of 18 months (540 days) within a period of 36 consecutive months.

This limit applies regardless of whether the employee is assigned to a given company by a single temporary employment agency or several different entities.

Periodic employment beyond this period is only possible if the temporary employee is replacing an absent permanent employee. In such a situation, the employment may continue uninterrupted for up to 36 months.

Duties and Nature of Temporary Work

It’s important to understand the definition of a temporary worker. A temporary worker is someone who has an employment relationship with an agency but performs tasks on behalf of the hiring employer. The specific nature of temporary work means it is usually temporary or ad hoc.

Temporary work involves supporting companies during peak seasons, so a temporary worker’s employment with a single client is limited to 18 months over a three-year period. Employment regulations regarding occupational health and safety are also important – the hiring employer must ensure safe working conditions and maintain records, such as timesheets.

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Terminating a Temporary Employee’s Employment Relationship

Terminating a temporary employment relationship is somewhat different than a regular full-time employment relationship. Because the employment relationship connects the employee with the agency, not directly with the company where they perform their duties, procedures must comply with specific regulations. The Labor Code and the Temporary Employees Act clearly define how such a termination should proceed.

Temporary employment is primarily about flexibility. Temporary employment usually ends on the last date specified in the contract. However, there are situations in which the temporary employee or the company wish to terminate the relationship earlier. This can be done by notice or by mutual consent.

It’s worth knowing that temporary work involves short notice periods:

• 3 days – if the contract was for less than 2 weeks.
• 1 week – if the contract was for more than 2 weeks.

Although the employment agency is the formal boss, the employer for whom the work is performed has its own responsibilities. They must maintain a document, such as a work time record, so that the agency knows howrozliczyć wynagrodzenie pracowników tymczasowych.

The temporary employment agency, in turn, must ensure that an employment certificate is issued to the employee upon completion of the assignment. This is crucial, as this document confirms the entire period of employment with a given employer and contains information about benefits, such as vacation time, to which the temporary employee is entitled.

All temporary work requires strict adherence to the rules imposed by the Labor Code. Although temporary employment is associated with a great deal of freedom, there are specific obligations that must be met by both parties. The main employment agency ensures that temporary workers’ salaries are paid on time, while the company where the work is performed on a daily basis must fulfill the obligations of the hiring employer.

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