What was the theme of the conference entitled ‘Unusual employment relations’?
On December 3, 2020, The Chief Inspector of Labour Andrzej Kwaliński and Deputy Jarosław Leśniewski took part in the 3rd National Scientific Conference of the series: “Unusual Employment Relations”, organized by the Faculty of Law and Administration of the University of Lodz in an online formula.
The main theme of the conference, which the Chief Labour Inspector took honorary patronage, was temporary employment as an unusual form of work provision and the opportunities and risks involv
Speaking at the opening ceremony of the meeting, Andrzej Kwaliński reported that the National Labour Inspectorate conducts several hundred inspections annually in entities providing services to employment agencies, often conducted illegally, illegally. The checks carried out by temporary employment agencies shall be carried out within the framework of a specific audit subject relating solely to this issue.
“We note the circumvention of the provisions of the Law on the employment of temporary agency workers. This is mainly due to the limited duration of temporary agency work, but also due to the significant increase in the responsibility of the employment agency and the user’s employer, introduced by the amendment to the Law on the employment of temporary agency workers, which entered into force on 1 June 2017,”, stated the head of PIP, noting that these changes have significantly intensified the trend of replacing temporary work with an outsourcing service. In many cases, outsourcing services were performed in temporary work conditions.
Andrzej Kwaliński also drew attention to the trend of Polish entrepreneurs using temporary work as part of a permanent human resources policy. By taking on the role of employers of users, they avoid increasing the employment of their own workers and benefit from temporary agency work, regardless of whether the statutory conditions for its application are met. The problem is also virtual offices, functioning only for the company’s registration needs, which excludes the possibility of inspection.
During the conference, Deputy Chief Inspector of Labour Jarosław Leśniewski gave a speech: “Temporary employment in the practice of pip operation”. He discussed in detail the audit experience of labour inspections in this area in recent years and the lessons learned from them. He also presented proposals for pip m.in. legislative proposals concerning the adoption of legislation excluding or limiting the admissibility of registration of the employment agency’s registered office at the address of the “virtual office”, as well as the introduction of legal instruments allowing effective enforcement of the prohibition of the replacement of temporary employment contracts – civil law contracts and permanent work – temporary work, using in such cases the competence of the ZUS to determine the actual contributor.