The temporary work limit is 18 months within a rolling window of 36 consecutive months, and it counts per worker-host employer pair, not per contract or agency. Changing agency does not reset the counter: the same person on the same production line uses up the same limit.

18-month temp work limit: the 18-of-36 rule

The legal basis is Article 20(1) of the Act of 9 July 2003 on the employment of temporary workers. An agency may assign a temporary worker to the same host employer for no more than 18 months in total within a window covering 36 consecutive months. What counts is the sum of that person's work periods for that employer, regardless of the number of contracts or breaks between them within that window.

In practice, the way the 36-month window is set differs: counted from the first assignment or backward from the current date. With tenure close to 18 months, it's worth confirming the counting method with the agency before another assignment happens.

Does changing agency reset the limit

No. The limit is attached to the worker-host employer pair, not to the contract with a specific agency. Transferring the worker to another agency doesn't restart the counter: the same person on the same production line uses up the shared 18-month limit, regardless of who formally employs them. The scope of the worker's rights during this period is covered in the article on temporary worker rights.

Who monitors the counter

Formally the agency, because it concludes the contracts and assigns the worker to work. In practice the host site must also monitor it, because only it knows who worked there before and for how long, especially when the provider changes during cooperation with a given person. The division of duties between the two sides is covered in the article on host employer duties.

When changing agency, agree with the new provider how the period the worker has already worked for you will be counted.

Penalty for exceeding the limit

Assigning a temporary worker to the same host employer beyond the 18-month limit within 36 months is an offense by the agency (Article 27a of the Act on the employment of temporary workers), and entrusting work to that same temporary worker beyond the limit is an offense by the host employer (Article 27 of that act). In both cases, the fine is PLN 1,000 to PLN 30,000. For the host site, additional practical consequences follow: a stoppage at the position and the need for a quick change of employment form.

The risk rises precisely when the provider changes during cooperation with the same person: a new agency that doesn't ask about the worker's tenure so far at a given host employer may unknowingly assign them already beyond the limit from the first day of the new contract.

When the limit runs out: two honest paths

For a typical assignment there are two honest paths. The act provides separate rules for assignments covering an absent employee's replacement; in that case, it's worth checking with the agency whether the 18-month limit is counted the same way.

  • Hire the worker directly, in agreement with the agency, for example through permanent recruitment.
  • End cooperation with that person in that position.

An apparent way out, transferring the worker to another agency in the hope that no one checks the total period, doesn't reset the limit and risks a penalty for both parties. If a given person works on one production line for longer than 18 months, that's a signal that demand for that position is permanent. In that situation permanent recruitment can be a cheaper solution than maintaining a setup that doesn't match actual staffing needs.

We work out a cooperation model matched to your needs during a conversation about temporary employment.

Frequently asked questions

Who is responsible for monitoring the limit: the agency or the host employer?

Both sides. The agency is liable for assigning beyond the limit (Article 27a), and the host employer for entrusting work beyond the limit (Article 27). The host site is best placed to know who worked there before and for how long, so it's worth keeping records jointly.

Does the 18-month limit also apply to temporary workers from abroad?

Yes. The provision doesn't distinguish by nationality: the 18-of-36 limit applies to every temporary worker assigned to the same host employer, including foreigners employed by the agency.

Does a short break between contracts reset the temp work limit?

No. What counts is the total period of work performed for the same host site within the 36-month window, and breaks between consecutive contracts don't restart the counter.

How do you know how much of the limit a worker has already used at a given employer?

From the assigning agency's records and from the host site's information about the person's earlier work there. When the provider changes, it's worth agreeing this period with the new agency before the first assignment.

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.