Directive 2014/67/EU was transposed in Poland by 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.
For an overview of all EU Directives on the matter, take a look at our complete guide to EU Posted Workers Directives.
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 State Labour Inspection (PIP). Polish and English are the available languages to fill in the form.
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 and identification details of the foreign posting company and of the receiving Polish one;
- Address of the workplace in Poland;
- Number and identification details of the posted workers;
- Name and address of the representative domiciled in Poland;
- Expected start and end dates of the posting, nature of the services and location where the required documents are stored.
The declaration of posting is compulsory for every provision of services to Poland. However, some exceptions are merchant navy companies and international transports.
The employer may submit the form electronically through the official online service, or in hard copy by post or in person to the Chief Labour Inspectorate in Warsaw. In addition, the submission must be completed no later than the day on which the provision of services begins. Electronic submission requires a qualified electronic signature or a Trusted Profile; ordinary email is not accepted. The return receipt is valid as acknowledgement.
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 contact person must stay in Polish territory during the posting and be authorised to liaise with PIP and send and receive documents or notices.
The employer must notify changes to the information in the declaration within 7 working days after the modification takes place. The modification form may also be submitted electronically or delivered in person, as well as by post, to the Labour Inspectorate in Warsaw.
Working and salary conditions in Poland
The Polish Labour Code regulates employers’ and employees’ rights and obligations. Every posted worker to Poland is entitled to the Polish employment conditions applicable to posted workers, without prejudice to more favourable conditions already applicable to their employment relationship.
In Poland there is a statutory minimum wage, which is currently set at PLN 4,806 gross per month for full-time employment, effective from 1 January 2026. Nonetheless, a posted worker to Poland must benefit from the applicable mandatory remuneration, including overtime pay, while retaining any more favourable entitlement. So, if the employee has a higher salary in the State where their employer is established, they will continue to earn the same amount.
What is the average working week in Poland?
The standard working week in Poland is an average of 40 hours over an average five-day working week, normally with an eight-hour working day. As a general rule, working time, including overtime, may not exceed an average of 48 hours per week over the applicable reference period.
Storage of the documents concerning the posting to Poland
The required employment documents must be stored in Poland during the posting, in paper or electronic form, and kept available at the location indicated in the Posting Worker Notification. These include the employment contract or equivalent document, working-time records, remuneration records and proof of payment.Â
In case of inspection during the period of the posting to Poland, the foreign employer must provide the required documents and their Polish translations no later than 5 working days after receiving the request. Otherwise, if the request is made within two years after the end of the period of the secondment to Poland, the deadline to provide the documentation is 15 working days from receipt of the request; Polish translations must also be provided if requested.
Social security in Poland
Pursuant to European Regulation (EC) 883/2004, the social security legislation of the Member State where the employer is established may continue to cover the posted worker to Poland, provided that the applicable conditions are met.
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; any extension requires an agreement between the competent authorities.
Moreover, the worker should keep the A1 Certificate available during their posting to Poland as proof of the applicable social security legislation.
Penalties for non-compliance with Polish obligations when posting workers
The employer or a person acting on its behalf can be fined from PLN 1,000 to PLN 30,000 in case of specified infringements, including:
- Failure to submit the declaration of posting by the statutory deadline;
- Failure to store or provide the required documents and translations; and
- Failure to designate the required contact person or notify changes to the declaration within the prescribed deadline.