The National Labour Inspectorate (NLI) has announced its inspection plan for 2020, which includes undertaking 72,000 inspections. The NLI's inspection priorities include limiting violations of working time regulations and reducing the level of fraud in the conclusion of civil law contracts with regard to conditions which are specific to employment relationships.
Despite the fact that almost four years have passed since the Act of 10 June 2016 on the posting of workers as part of the provision of services entered into force, its application continues to be problematic for foreign employers posting workers to Poland, particularly in regard to keeping and storing records regarding a posted employee's working time. This article answers the key questions raised by the issue.
The National Labour Inspectorate (PIP) oversees the practice of foreign employers posting employees to Poland as part of the provision of services. PIP inspections show that many foreign employers are unaware of the obligations imposed on them by Polish law, which can lead to fines of Zl1,000 to Zl30,000. Thus, foreign employers posting employees to Poland must understand their obligations, particularly with regard to working time and health and safety issues.
The Supreme Court recently decided that bringing a claim against an employer for the unlawful termination of an employment contract pursuant to Article 45(1) of the Labour Code is not a prerequisite to obtaining an award of damages pursuant to Article 18(3d) of the code. The decision fundamentally changes the risks associated with serving a termination notice and terminating an employment contract and enables employees to make claims long after their employment has been terminated.
The Act on Posting Employees within the Framework of the Provision of Services recently entered into force, guaranteeing an appropriate level of protection for posted employees. In particular, the act determines the terms and conditions of employment, as well as the principles of administrative cooperation between Polish authorities and EU member states. The act also introduces obligations for foreign employers that post employees to Poland.
The recent amendments to the Labour Code made long-expected changes regarding fixed-term employment contracts. The amendments aim to eliminate the abuse of fixed-term contracts by employers. As the interim regulations are still relatively ambiguous, employers should carefully examine each case alongside the provisions of the Labour Code, which may govern the particular situation differently from the newly introduced provisions.