Temporary work

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.

Temporary work – law regulations

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:

  • having a seasonal, periodic or ad hoc character,
  • which cannot be performed in a timely manner by the currently employed workers by the user’s employer,
  • the performance of tasks is the responsibility of an employee who is absent from the workplace and is employed by the user’s employer.

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:

  • fixed-term employment contracts
  • contracts of employment for the duration of a specific job,
  • employment contracts for the duration of the replacement.

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.

Characteristic of temporary work

In practice, in the case of temporary work, three subjects are involved in this form of employment:

  • temporary work agency,
  • agency’s client, employer-user,
  • temporary employee

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:

  • calculation and providing payment of monthly remuneration,
  • calculating and paying proceeds for personal income tax from natural persons,
  • paying social security and health insurance contributions,
  • giving leave for recreational holidays, etc.

Benefits for employees

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:

  • the opportunity to get a job immediately in a large company with the prospect of permanent employment in the future – temporary employees who perform well in the company of the employer-user can later get a job in the same company,
  • flexible working hours, because the temporary employee is the one who determines in what days and hours he will be able to work, and the agency adjusts the work schedule to his schedule,
  • the opportunity to gain new experience, broaden professional skills and competences,
  • the possibility of gaining an additional entry in the CV, which increases the chances of finding a permanent job later,
  • an additional source of income.

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