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Amendments to the Act on the Posting of Workers

Legislative work has been completed on the law implementing into the Polish legal order Directive 2018/957 of the European Parliament and the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.

The new law will impose new obligations on employers that post workers to Poland, as well as granting additional rights to the State Labour Inspectorate.

The key changes include:

Clarification of the maximum period for the posting of workers – according to the new regulations, after 12 months of a posting, the employer is obliged to submit to the State Labour Inspectorate a justified notification of the extension of the posting up to 18 months. After 12 or 18 months, the employer will be obliged to ensure that the posted employee enjoys almost all the conditions of employment specified in the applicable labour law regulations, which in effect will make his/her status the same as the other employees.

Modifications to the rules on remunerating employees – according to the new regulations,  the employer has to guarantee the employees posted to Poland all the obligatory components of remuneration specified in the Polish Labour Code and other provisions regulating the rights and obligations of employees, including overtime allowances.

Please note that similar regulations have been or soon will be introduced in other European Union member states, which may have an impact on the activity of Polish employers posting workers abroad. For this reason, we recommend that you familiarize yourself with the new regulations and make any necessary changes in the conditions of employment of posted workers.