Poland – New Law Implements Enforcement Directive

On June 18th, a new Act was passed and put into force for workers that are posted to Poland to provide services.  The main goal of the Act is to strengthen the protection of the posted workers.

The most important matters regulated by the Act are:

  1. A foreign company posting employees to Poland is obliged to:
  • Appoint a person residing in Poland, authorized to represent the company before the Polish State Labour Inspection;
  • Notify the State Labour Inspection in Poland about the posting of employees indicating:
    • The data of the company
    • The personal data of the posted employees
    • The expected duration of the posting
    • The type of services performed by them in Poland.
  1. The foreign employer is obliged to ensure that certain documents (concerning in particular the posted employees’ working time and payment of remuneration) are kept in Poland (in hard copies or in electronic form) and are available to be presented to the State Labour Inspection within 5 working days from the Labour Inspection’s request.
  2. The Polish State Labour Inspection has been equipped with additional powers regarding control of observance of the regulations on posting of employees.

Fines for a violation of this act range from 1,000 PLN to 30,000 PLN, depending on the number of employees and infractions.