The phenomenon of employing workers temporarily is regulated by the existing laws in Poland. It is a chance both for the employees to earn a salary and for the companies to supplement their staff, for example in the period of increased orders for the company.
The basis for employing temporary workers, i.e. managing the so-called employee leasing are the laws of the Act of 9 July 2003 on the employment of temporary workers. The act creates the legal bases for employing temporary workers through temporary employment agencies which are specialized in this field. It states the rules for administering employees to work for the benefit of the agency's clients. The basis of the labour relations in the case of temporary employment is the contract made between a temporary employment agency and a temporary employee.
Temporary work is defined in the act (article 2 no. 3) as a work that is performed for a given user’s employer, i.e. a temporary agency client. At the same time, the temporary employee completes tasks for a period which is not longer than the one defined in the act:
A temporary employee is a person employed by a temporary work agency only for the purpose of performing temporary work for and under the management of the user's employer. A worker is employed by the agency on the basis of:
The agency, which assigns temporary employees to work in the given company of their client, signs an agency contract with the employer. The employee enters the employer's work structure and becomes a subject to his management, but does not remain in labour relations with him, understood as in the regulations of the Labour Law.
As part of temporary work, the employer cannot employ his own employees, but only outside employees assigned by the temporary work agency to specific professional duties. Temporary employees may work full-time in the same way as other workers currently employed by the employer.
In accordance with the regulations of the aforementioned act, you cannot delegate a temporary employee to work at any time convenient for the user. Art no. 20 of the Act on the Employment of Temporary Workers indicates that during the next consecutive 36 months the temporary employment agency may assign the temporary employee employed by them to perform temporary work for one specific employer, further known as their client, for a period which will not exceed 18 months in total.
In practice, in the case of temporary work, three subjects are involved in this form of employment:
The employing subject, i.e. the employer, is a temporary work agency that delegates employees to fill in the employer-user’s assigned tasks. This temporary employment agency is, among others, obliged to:
Signing a contract with a temporary work agency may seem less beneficial to employees than concluding a standard employment contract with an employer, based on the regulations of the Labour Law. However, due to temporary work, the employee has many benefits, such as the following:
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