Temporary employment

Tasks performed under temporary work are of:

• periodic, seasonal or casual character
• those of which timely execution by employees working for a user employer would not be possible, or
• the performance of which is the responsibility of an absent employee working for a employer-user.

Employment of a temporary employee is based on fixed-term employment contracts or civil law contracts and is regulated.  Act of July 9, 2003 on hiring temporary workers .

A temporary employee during his or her employment for a employer-user can’t be treated less favorably in terms of working conditions and other employment conditions than workers employed by that employer- user in the same or similar workplace.

• The temporary employment agency may assign a temporary worker to work for a single employer for a period not exceeding 18 months in a period of 36 consecutive months. This limitation applies to the total duration of both, the contract of employment, and the civil law contract.
• The temporary employee can’t be entrusted with performing work of following kind for the employer-user:

1) particularly dangerous in the meaning of provisions issued on the basis of article 237¹⁵ of the Labor Code;

2) at the workstation where the employee of the employer-user is hired, during the time of the employee’s participation in the strike;

3) the same as the work performed by the employee of the employer-user with whom the employment was terminated for reasons not involving employees during the last 3 months, preceding the anticipated date of commencement of temporary work by the temporary worker, if such work would be performed in any organizational unit of the employer-user located in the municipality where the organizational unit is or was located, in which the dismissed employee was working;

4) requiring the security employee to be armed with a weapon or items intended for the incapacitation of persons by electricity, the possession of which is required by the permit referred to in the Act of May 21, 1999 on arms and ammunition.

The Agency is the formal employer responsible for all matters relating to the employment of temporary workers.

Agency responsibilities include, among other things:

• Determining the total period of employment so far performed by a temporary worker for a particular employer-user on the basis of a contract of employment or civil law agreement,
• Written information with regard to the conditions of employment and work performance must be provided to the person to be entrusted with performing the temporary work, before entering into an employment contract with the employer,
• concluding a written contract; If the employment contract has not been concluded in writing, the temporary employment agency shall confirm to the temporary worker in writing the terms and conditions of the employment contract not later than on the second working day,
• Notifying the temporary employee, not later than within 7 days of the conclusion of the employment contract, complex information enabling him to make direct contact with the representatives of the temporary employment agency,

• issuing a certificate of employment to a temporary worker about the total termination of employment in this agency, subject to successive employment contracts, established over a period of no more than 12 consecutive months.