Employment by temporary work agencies

Employment by temporary work agencies

• The most frequent violations of labour rights reported by migrants, NGOs and District Labour Inspectorates are committed by temporary work agencies employing migrants in sectors such as industrial processing, food processing, construction, catering and hospitality, agriculture and horticulture, cleaning services, healthcare. 

• To avoid being referred for temporary work by an illegal intermediary, migrant workers should make sure that the employment agency is legally operating i.e. entered in the register of employment agencies (KRAZ), kept by the Marshal of the voivodship, confirmed by an appropriate certificate. Temporary job vacancies should include the registration number and be marked as a temporary job offer. A list of certified employment agencies authorised to provide temporary work services can be found online at: stor.praca.gov.pl/portal/#/kraz or at the voivodship labour office.  

• Every temporary employment agency must have premises where temporary work services are provided and the possibility of direct contact with agency representatives is ensured. 

• Institution of temporary work involves relations of 3 entities: temporary work agency, user employer and temporary employee. It is important to properly distinguish the roles and obligations of the temporary employment agency and the user employer, as each of these entities performs part of the employer's duties towards the temporary employee.  

• Temporary work agency is the employer within the meaning of the Labour Code.

The temporary employment agency performs the employer's duties related to: conclusion of the contract, registration for social insurance, payment of remuneration, payment of social insurance contributions and taxes.  

The employee and the user employer are only linked by an organizational bond whereby the temporary employee performs work for and under the direction of the user employer.
The temporary employment agency, on the other hand, is bound with the user employer by a contract under which it refers the temporary employees to perform work for the user employer. 

The user employer, for whom the temporary employee actually performs work, supervises the performance of the work, assigns tasks to the employee and controls its performance. In addition the user employer provides with work clothing, footwear and personal protective equipment, carry out health and safety training, establish the circumstances and causes of occupational accidents.  

The clear division of duties towards the temporary employee between the temporary employment agency and the user employer should take place as a result of written arrangements between these entities, prior to the conclusion of the employment contract by the temporary employment agency with the temporary employee. Many violations of workers' rights result from  lack or unprecise arrangements between the agency and the user employer. 

More detailed information on regulations regarding temporary work agencies could be found here:  

https://www.pip.gov.pl/dla-pracownikow/niezbednik-pracownika/praca-tymczasowa  

Employment by a temporary employment agency | IOM Poland