The host employer's duties cover safe working conditions, on-the-job training and keeping time records for the temporary worker; this follows directly from Article 14(1) of the Temporary Employment Act, not from the contract with the agency.

What duties the act imposes on the host employer

Article 14(1) of the Act of 9 July 2003 on the employment of temporary workers imposes on the plant the employer's duties needed to organize work involving a temporary worker:

  • ensuring safe and hygienic working conditions at the assigned position,
  • keeping time records for the temporary worker on the same terms that apply to its own employees.

In practice this means, among other things, job-specific training and a risk assessment for the given position. These are the plant's tasks, because it's the plant that knows the machines, processes and real hazards on the shop floor. Beyond that, the temporary worker's working conditions must match those of the permanent crew in comparable positions, with access to welfare facilities on the same terms. How the agency and the plant split BHP tasks is covered further in the article on health and safety in temporary work (BHP).

Contracts of mandate (umowa zlecenia) are common in temporary work. The plant also ensures safe conditions for people on such contracts who work on its premises, and the scope of BHP training is set by the plant or the principal. The number of hours worked is then confirmed as set out in the contract.

How the agency and the plant split BHP tasks

Safe working conditions at the workstation are ensured by the host employer, because it organizes the work and has direct control over it. On BHP, the agency and the plant work together: the agency, as the employer, refers the worker for medical examinations and passes on the information the worker needs, while the plant organizes safe work at the workstation. The commercial contract spells out the division of tasks between the two companies.

What the host employer cannot do

Article 8 of the Temporary Employment Act bans assigning a temporary worker to:

  1. particularly hazardous work within the meaning of the implementing regulations to the Labour Code,
  2. a position held by an employee taking part in a strike at that host employer,
  3. work of the same kind as that of an employee dismissed for reasons not related to employees within the 3 months before the planned start of the temporary assignment.

These are absolute bans: neither the agency's consent nor the worker's own consent lifts them. The third ban is not limited to collective redundancies; every termination of employment for reasons not related to employees counts, and the ban covers work of the same kind, not merely the job title.

What information must be passed to the agency

The plant informs the agency about working conditions at the position, including harmful factors and required qualifications, before the worker is assigned. Without this data, the referral for medical examinations will be too general, and a "general" medical clearance won't allow work at a machine; this is covered further in the article on medical examinations for a temporary worker. The scope of the worker's entitlements is summarized in the article on temporary worker rights.

What stays with the agency

The agency remains the worker's formal employer and handles employee formalities to the extent set out in the agreement, including referrals for medical examinations and legalization formalities. The agency is also responsible for making sure the conditions agreed with the plant make it into the contract with the worker.

Frequently asked questions

### Can a temporary worker be assigned to cover for a striking employee?
No. Article 8 of the act bans assigning a temporary worker to the position of an employee taking part in a strike at that host employer.

### Can the host employer assign particularly hazardous work to a temporary worker?
No. Article 8 of the act bans this outright, regardless of the agency's or the worker's own consent.

### Can a temporary worker be hired for the position of a recently dismissed employee?
No, if less than 3 months have passed since a dismissal for reasons not related to the employee and it involves work of the same kind; this ban follows from Article 8 of the act.

### Who keeps the time records for a temporary worker?
The host employer keeps them, on the same terms as for employees hired directly. With a contract of mandate, the number of hours is confirmed in the way set out in the contract.

### Can a commercial contract with the agency change the division of BHP duties?
The commercial contract spells out the division of tasks between the agency and the plant, but it doesn't change the duties the act assigns to the host employer at the workstation.

This article is for information only and does not constitute legal advice. The rules change, and the outcome depends on the situation of the particular person, so check the current legal position or consult a lawyer before making a decision.