The national transposition of the Directive 2014/67/EU has been transposed in Poland with the Act of 10 June 2016 on the posting of workers in the framework of the provision of services (Ustawa z dnia 10 czerwca 2016 r. o delegowaniu pracowników w ramach świadczenia usług). As a result, it regulates the posting of workers to Polish territory.
Table of contents
- Preliminary obligations for posting workers to Poland
- Working and salary conditions in Poland
- Storage of the documents concerning the posting to Poland
- Non-EU citizen workers to Poland
- Social security in Poland
- Penalties for non-compliance with Polish obligations when posting workers
- Regulatory framework
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1. Preliminary obligations for posting workers to Poland
The Act of 10 June 2016 on the posting of workers in the framework of the provision of services establishes that an employer that posts one or more employees to Poland must submit a prior declaration of posting to the Polish national Labour Inspectorate. Polish and English are the available languages to fill the form.
1.1. What to include in the Declaration of Posting to Poland and when to send it
The posted worker notification must contain all the relevant information concerning the posting and the other related data, like:
- Name of the foreign posting company and the receiving Polish one;
- Address of the workplace abroad;
- Number and name of the posted workers;
- Name and address of the representative domiciled in Poland;
- And other.
The prior declaration of posting is compulsory for every provision of services to Poland. However, some exceptions are merchant navy companies and international transports.
The employer must send the form in hard copy by post to the Head of the Labour Inspectorate in Warsaw before the beginning of the service provision. The return receipt is valid as acknowledgement.
1.2. Designate a contact person in Poland
As previously stated, it will be necessary to identify the data of a contact person in the declaration. The representative domiciled in Polish territory will be responsible to act as liaison person between the companies involved and the Polish Authorities.
The employer can modify the declaration of posting and notify the data change within 7 days after the modification takes place. The modification form must also be sent by post to the Labour Inspectorate of Warsaw.
2. Working and salary conditions in Poland
The Polish Labour Code regulates employers’ and employees’ rights and obligations. Every posted worker to Poland is subject to the most favourable conditions between his State’s and Polish one.
In Poland there is the minimum wage, which is currently set at 3.307,90 PLN (approx. €701,90). Nonetheless, you should remember that a posted worker to Poland must benefit from the most favourable conditions. So, if the employee has a higher salary in the State where his employer is established, s/he will continue to earn the same amount plus his travel allowance.
2.1 What is the average working week in Poland?
The standard working week in Poland is 40 hours and in any case it may not exceed 48 hours per week.
3. Storage of the documents concerning the posting to Poland
All the documents providing information on the posting of workers to Poland must be storage and kept available at the address indicated in the Posting Worker Notification. Generally, it is the address of the designated contact person on Polish territory. The storage of the documents at the address of the workplace will not be valid.
In case of inspection during the period of the posting to Poland, the foreign employer must provide a translated copy of the relevant documents concerning the posting at latest 5 working-days after s/he receives the request. Otherwise, if the inspection takes place after the end of the period of the secondment to Poland, the days at disposal to provide the said documentation become 15.
In any case, Polish authorities cannot make inspections more than two years after the end of the posting of workers to Poland.
4. Non-EU citizen workers to Poland
The Act that regulates the entry, residency and working aspects of non-EU citizens is the Employment Promotion and Labour Market Institutions Act of 20 April 2004.
Generally, a work permit is required for a foreigner to work in Poland. The fact the worker has a temporary or permanent residence in another EU State does not constitute an exemption. However, exemptions from the general rule exist.
An employee holding a temporary or permanent residence permit in a European Union country can legally stay in Poland for 90 days within a 180 day-period. In order to extend the stay in Poland, it is necessary to obtain a separate visa from a Polish consulate. Alternatively, the Polish immigration office may issue a residence permit.
A third-country national may come to Poland for a short business trip or trips that do not exceed 30 days in a calendar year without work permit. A work permit in Poland is necessary if the posting lasts more than 30 days in a calendar year or if the activity to carry out does not require any exemption.
5. Social security in Poland
Pursuant the European Regulation 883/2004, the social security of the Member State where the employer is based may continue to cover the posted worker to Poland.
The posting company must apply to the competent social institution for the issue of an A1 Certificate. It may have a maximum duration of 24 months or being valid for a single posting. In this case, it should be requested again for the following secondment.
Moreover, the worker must hold the A1 Certificate during his posting to Poland.
6. Penalties for non-compliance with Polish obligations when posting workers
The failure in sending the prior declaration of posting, in the storage of the documents and in overall non-compliance with posting obligations can be sanctioned with a fine from 1.000 PLN to 30.000 PLN (approx. from €212 to €6378).
7. Regulatory Framework
- Directive: Directive 2014/67/UE
- Regulation: Regulation No. 883/2004 of the European Parliament and of the Council of 29 April 2004
National Transposition of European Directive:
- Act of 10 June 2016 on the posting of workers in the framework of the provision of services (Polish only)