LEGAL PROVISIONS IN POLAND CONCERNING THE
POSTING OF WORKERS – transposition of Directive 96/71/EC
into National Law
Chapter IIa “Working conditions of employees
posted to Poland from a Member State of the
European Union”, section II of Labour Code
art. 67(1) - 67(4) of Labour Code.
LEGAL PROVISIONS IN POLAND CONCERNING
THE POSTING OF WORKERS
An employer based in a member country of the European Union
sending a worker to Poland to carry out work for a fixed period:

as part of the contract drawn up between the employer and a
foreign organisation,

in a foreign branch (subsidiary) of the employer,

acting as a temporary work agency,
- must guarantee the worker, in the areas set out in article 67(2) of
the Labour Code, working conditions at least as favourable as
those provided for by the Labour Code and by the other legal
provisions relating to the rights and responsibilities of workers.
Art. 67(1) of the Labour Code
LEGAL PROVISIONS IN POLAND CONCERNING
THE POSTING OF WORKERS
Conditions of employment concern:
1) the times and the length of work, daily and weekly
rest periods,
2) the length of leave,
3) the minimum wage, determined based on the
specific legal provisions,
4) increases in pay in respect of extra time worked.
Art. 67(2) of the Labour Code
LEGAL PROVISIONS IN POLAND CONCERNING
THE POSTING OF WORKERS
Conditions of employment concern (continued):
5) health and safety at work,
6) employees’ rights in connection with maternity and
paternity,
7) the recruitment of young people and the carrying out
of work and other paid activities by children,
8) the prohibition of discrimination in employment,
9) the carrying out of work according to the legal
provisions relating to the employment of temporary
workers.
Art. 67(2) of the Labour Code
LEGAL PROVISIONS IN POLAND CONCERNING
THE POSTING OF WORKERS
In respect of workers on a posting who, having the qualifications
required for their current position, are - for a maximum of one
week per year starting from the day they first took up their
position - carrying out preliminary assembly or installation work
outside of the building sector, as part of a contract undertaken
by the employer with a foreign entity and the execution of which
is essential for the use of the products delivered,
the regulations of Polish labour law do not apply in respect of:
•
length of leave,
•
minimum wage,
•
increases in pay in respect of extra time worked.
Art. 67(2) § 2 of the Labour Code.
LEGAL PROVISIONS IN POLAND CONCERNING
THE POSTING OF WORKERS
In the case of work carried out on Polish
territory by a worker posted by an employer
based in a country not a member of the
European Union, the respective regulations of
Articles 67(1) and 67(2) of the Labour Code
apply.
Art.
67(3) of the Labour Code.
LEGAL PROVISIONS IN POLAND CONCERNING
THE POSTING OF WORKERS
The provisions of Articles 67(1) to 67(3) of the
Labour Code do not apply to merchant navy
companies in respect of the crews of seagoing
merchant vessels, when the employer is based in
an EU Member State or in a Member State of the
European Free Trade Association (EFTA) signed
up to the Agreement on the European Economic
Area.
Art. 67(4) of the Labour Code.