Temporary worker rights: employer, limit, help

Temporary worker rights rest on the act of 9 July 2003 on employing temporary workers (ustawa o zatrudnianiu pracowników tymczasowych). The employer is the agency, and the site where you work cannot treat you worse than its own staff in a similar role. Through an agency you can work at a single site for a maximum of 18 months in total within 36 months.

Who is the employer: the agency or the site?

The employer is the temporary work agency. You sign the contract with it, it pays your wages and keeps your records. The company where you physically work is, in law, the host employer (pracodawca użytkownik): it organizes the work, gives instructions on shift and answers for conditions on site.

This split decides where you take an issue:

How this model differs from outsourcing work to an external company is explained in the article on temporary work and outsourcing.

Does a temporary worker have the same rights as a permanent employee?

For working conditions, yes. The act bans treating a temporary worker less favorably than people employed directly by the host employer in the same or a similar role. The rule covers in particular:

• pay,
• working time and rest,
• health and safety conditions,
• other terms of employment for that role.

The Labor Code (Kodeks pracy) also lists fixed-term employment and nationality among the banned grounds for unequal treatment.

Contract, pay and leave

Before signing, check that the contract states the host employer, the type of work, the period, the rate and the payday. A missing element gets added before signing, not after the first payment.

The scope of your entitlements depends on the type of contract. Under an employment contract with the agency, paid leave accrues in proportion to the period worked, and under short contracts unused leave is often settled with a cash equivalent. Under a mandate contract (umowa zlecenia), leave depends on what the contract says. The differences between the two forms are covered in the article on mandate contract and employment contract for a foreigner.

Health and safety at a temporary work post

The host employer must provide safe and healthy working conditions, inform about risks to health and life, and keep records of working time. Before you are allowed to work, you go through initial health and safety training (szkolenie wstępne BHP), which takes place during work hours. Under a mandate contract, the site also ensures safe conditions for people working on its premises, the scope of health and safety training is set by the site or the contracting party, and the number of hours is confirmed as the contract provides. On our job offers, we or the site cover initial medical checks.

Temporary work limit: 18 months in 36

An agency may place you with one host employer for a maximum of 18 months in total within 36 consecutive months (Article 20 of the act on employing temporary workers). Three rules for counting it:

1. The limit applies to the pair of worker and host employer, so changing agency does not reset it.
2. What counts is the period arising from the contracts, not days actually worked.
3. When covering for an absent permanent employee, the limit runs up to 36 months.

If you have worked at one site for over a year, ask the agency how much of the limit you have already used.

When your settlement does not add up

The first step is to contact the agency, because a correction is easiest to make in the current month.

If you work through Amer and your settlement does not add up, contact us.

Frequently asked questions

How many months can you work through an agency for one employer?

A total of at most 18 months within 36 consecutive months. The exception is covering for an absent permanent employee, where the limit runs up to 36 months.

Who is responsible for health and safety at a temporary worker's post?

The host employer. It provides safe conditions at the workstation, informs you of risks and keeps records of working time. Matters about the contract, pay and leave you settle with the agency.

Does changing agency reset the 18-month limit?

No. The limit is counted for the worker and the specific host employer, so work at the same site through a different agency counts toward the same 18 months.

Who do I ask about pay and hours?

The agency, because it is your employer and pays your wages.

This text describes the general rules. What you are entitled to depends on your type of contract: an employment contract (umowa o pracę) or a contract of mandate (umowa zlecenie). Your own contract and payslip are what count.

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.