New obligations of employers posting workers to work in another EU country

The parliament is working on a law on posting workers as part of the provision of services that implements the provisions of EU directives 96/71/EC and 2014/67/EU. Provisions of the act introduce new obligations on employers related to the posting of workers abroad.

Within the meaning of the act, posting means a temporary referral of the worker to another EU country (i) in connection with the implementation of the agreement concluded between the employer and the third party, (ii) at a division or the company within the capital group of the employer, or (iii) as a temporary employment agency.

The new regulations provide, inter alia:

  • duties of employers posting workers to the territory of Poland:

    • determining the person authorised to contact the National Labour Inspectorate in matters relating to posting,

    • submitting declarations concerning the posting of workers in the territory of the Republic of Poland,

    • storage of documentation (in a paper or electronic form) on the work of posted workers for a period of the posting and for two years after the end of the posting.

  • joint and several liability of contractors and subcontractors, posting workers to perform construction and repair work, for the obligations arising from outstanding remuneration and allowance for overtime work,

  • sanctions for failure to comply with the obligations laid down in the act - a fine of 1,000 to 30,000 PLN,

  • competences of the State Labour Inspectorate as the competent authority to inform about the provisions concerning the posting of workers (e.g. through a website containing information on the minimum conditions of employment in Poland) as well as in cooperation with competent authorities of other member states, control of the correctness of the posting of workers in the territory of Poland and enforcement of administrative penalties imposed by member state authorities on Polish employers posting workers to another member state.

The existing provisions of the Labour Code on posting (art. 671 - 674 of the L.C.) will be repealed and replaced by the provisions of the act. Provisions of the act, with few exceptions, will apply to the posting of workers in the territory of Poland  by employers of non-EU countries.

Transitional provisions assume that employers delegating workers to Poland will be required to submit an appropriate statement and will be obliged to store documents within 3 months from the act’s entry into force.

The work on the act is already in its final stage. According to the draft, the regulations will come into force on the 18 of June 2016.

Keywords Wierzbowski Eversheds