Employment of temporary employees after June 1, 2017
On 1 June 2017, the Act of 7 April 2017 on the amendment of the Act on the Employment of Temporary Employees and some other acts came into force. (Dz.U. [Journal of Laws] of 2017, item 962).
Purpose of the bill
The aim of the Act is, in principle, to improve the situation of temporary workers and to reduce the abuse of this form of employment as a substitute for employment in the code of conduct, which is also inextricably linked to increased burdens on employers. Changes to the law focus on a few important issues.
Limiting the possibility of using the same temporary employee.
The first important change is the significant reduction in the possibility of using the same temporary employee - From 1 June 2017, the same employer will be able to use the same temporary employee for a period of up to 18 months in a period of 36 consecutive months. It is intended to limit the staff rotation between several temporary employment agencies, which was until now, often practised. Responsibility for the breach of this prohibition is in principle borne by both the agency and the employer-user.
Aspects of civil law contracts
In the new legislation, the issue of civil law agreements has been regulated more broadly than before. Not only has information obligations been developed, but also the status of those who have entered into such agreements has been strengthened. According to the new art. 25a of the Act, a number of provisions of the Act apply to persons assigned to perform temporary work under civil law contracts (this is a broader catalog than in the previous legislation). In particular, the following points are of importance:
- Prohibition on the establishment between the temporary employment agency and the employer-user for non-employment of persons providing services on the basis of the principle of civil law contracts by the employer after completion of temporary work (Article 12 of the Act).
- A time limitation in the management and use of persons who have entered into civil law contracts, analogously to 18 months during the subsequent 36 months (Article 20.1 of the Act).
- work certificates or other documents proving the periods of temporary work for the employer-user based on the employment contract
- a written statement or certificates proving the periods of temporary work for the employer-user under the civil law agreement, 36 months prior to the anticipated start date of temporary work for this employer.
- The substitution of employees involved in the strike with temporary employees,
- Violation of the ban on the employment of workers released within the last 3 months from the establishment for reasons not involving employees,
- Exceeding the permissible periods for temporary work entrusted to the temporary employee.