New requirements for employers of seconded workers

European Union (EU) Directive 2014/67/EU (The Enforcement Directive) has been implemented into Polish legal framework as of June 18. The Act requires employers of seconded workers to notify the National Labour Inspectorate (PIP), keep records and establish a point of contact. It also introduces fines for non-compliance. 
A foreign employer sending any employee (EU or non-EU national) to Poland on secondment (intra-company transfer), from either within the EU or outside the EU, must now provide a statement to PIP. The employer must notify PIP of any changes of the information included in the statement no later than seven days of the date of the change. 
The employer is required to keep certain documents relating to the secondment in Poland, either in electronic or paper format. These documents must be available during the secondment and for up to two years after. The employer must provide PIP with any of these documents, along with their translation into Polish, within five working days of receipt of the request (or within 15 days, if requested during the two years after the end of the secondment). The employer must designate a person resident in Poland who is authorized to access the secondment documents and to contact PIP on the employer’s behalf, as required. 
The new legislation also establishes protections for seconded employees – in terms of working hours, holidays, pay, health and safety, maternity leave and non-discrimination. This is to ensure that these are in line with what is required for locally resident employees in Poland. 
Any employer who fails to provide the required information or documents at the request of PIP, or who otherwise breaches the provisions of the new law, will be subject to a fine of between CHF 1,000 and CHF 30,000 (approximately 250 – 7,500 Euros).
This summary was prepared using information obtained from Poland’s government website.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact the Regional Immigration Manager, EMEA, Vladimir Dziak: