Posting of workers to Poland

At present, numerous companies, both from within and outside the European Union, are establishing branches and outposts in our country, as its attractiveness to investors increases. This dynamic trend is in tandem with the migration of employees – we are hosting a variety of specialists as a result of the posting of workers to Poland. Regardless of whether one is dealing with a temporary or permanent delegation, citizens of other countries must have their legal residence and employment situation regularized in accordance with Polish law.

Legal basis for posting workers in Poland

Article 45 of the Treaty on the Functioning of the European Union guarantees the free movement of workers within the EU, constituting one of the treaty’s key tenets. It obliges, among other things, the elimination of all forms of discrimination based on the nationality of workers of member countries.
EU law on the posting of workers also in Poland aims to guarantee their protection by establishing binding regulations on working conditions, as well as care for health and safety in the workplace. In our country, these issues are regulated by the Law on the Posting of Workers in the Provision of Services of June 10, 2016.
Workers are posted to Poland to fulfill a contract concluded by the posting company with a foreign business partner, which the workers perform under the direction of the posting company throughout the period of work abroad. Employees may also be posted to an establishment in another member country that is part of the
group of companies to which the posting employer belongs. Another case envisaged is posting in the framework of temporary work.

Delegation of employees to Poland - employer's obligations

In particular, the responsibilities of an employer posting employees to our country include:

filing with the State Labor Inspectorate no later than the date of commencement of the service a statement on the posting of the employee;

Appointment of an intermediary to contact the State Labor Inspectorate and the posting employer;

storage in our country of documentation related to the employment of a foreigner;

informing the State Labor Inspectorate of any changes in the data from the posting statement.

For the duration of the posting, the obligations of the employment relationship, governed by the law applicable to the employment contract, continue to be valid. However, the foreign employer is obliged to respect Polish legal regulations.

Delegation of workers to Poland from non-EU countries

In addition to the legalization of a foreigner’s work, legalization of their stay in Poland is also required for workers from outside the European Union, the European Economic Area and Switzerland. A visa or temporary residence permit for a posting period of no more than 3 years can be applied for on the basis of an adequate permit. There is a division into type C, D or E work permits, based on the country of origin of the worker, the length of the posting period and the nature of the service provided.

PIP inspection

The State Labor Inspectorate may inspect the employment of posted workers, requiring explanations and documentation from foreign employers. The inspection includes an assessment of compliance with regulations, especially those concerning the temporary nature of the posting and minimum conditions of employment. Detection of irregularities or negligence on the part of the posting employer carries the threat of a fine.

Why choose IMPOL?

IMPOL, as a representative of hundreds of foreign companies in France, has developed over the years an online secondment management know-how that allows you to manage all your secondment responsibilities. Including storing mandatory documents, managing seconded employees. Applications for SIPSI declarations and/or BTP cards. We work 7 days a week to ensure that your project is carried out in accordance with local labor laws, which will translate into a smooth stay for your employees and the completion of the assigned work.

Representative

We support you through the entire process of posting employees to France. We provide advice. We assist you in emergency situations. We apply for special permissions to ensure maximum impact and profitability.

Application and documentation management

Depending on your needs, we will take care of all the formalities related to posting to France , from setting up the account to the declaration of the posted employees.

Assistance in case of inspections

We intervene in the event of an inspection by an inspectorate, providing the required documents for the necessary to justify compliance with posting obligations. As a sworn Polish-French translation agency and having our own lawyer specializing in social law, we offer you comprehensive care.

Contact us

Our consultants will answer all questions related to employee representation: