What new regulations have been introduced regarding the rights of posted workers in Poland?
Changes in regulations in favor of posted workers in Poland are introduced by the Act of 24 July 2020 amending the Act on the posting of workers in the framework of the provision of services and some other acts. This is the effect of changes in EU regulations. In this way, the Act implements the Directive of the European Parliament and the EU Council (2018/957 of 28 June 2018) into the Polish legal system. The Directive, and hence the Act, are intended to solve the problem of unfair practices related to the posting of workers. The act extends the scope of employment conditions guaranteed to an employee posted to Poland by a foreign entity.
The regulations provide for changes related to the so-called a closed catalog of employment conditions. First, the employer provides the posted worker with the full remuneration applicable in Poland with all its obligatory components and the amounts due to cover the costs of business trips performed during the posting. The above-mentioned closed catalog of employment conditions is valid for 12 months (or 18 months – in the case of submitting the so-called motivated notification by the posting employer).
After 12 months of posting (or 18 months), the employer provides the posted employee with almost all employment conditions that are no less favorable than those resulting from the Labor Code and other provisions regulating the rights and obligations of employees – and not a closed catalog of employment conditions as it was before.
The widest catalog of guaranteed employment conditions applies to temporary workers posted to Poland, who must be provided with all employment conditions guaranteed to domestic temporary workers from the first day of posting, including those resulting from from collective bargaining agreements, regulations and statutes, including the accommodation conditions, if these are provided for domestic workers.