Employer Zone

Collection of knowledge for employers

Is it possible to hire an employee without signing a contract with him? Yes – through temporary work.

Temporary work is one of the forms of employment of an employee, based on the Temporary Work Act, completely legal and it does not mean that the employee is hired only for a short period of time.

This form of employment brings many benefits, that is why it is increasingly used by Polish companies.

Advantages of temporary work

  • no work related to recruitment, payroll calculations, and other taxes and payments
  • no risk related with the legalization of foreign labor
  • availability of staff during the designated period
  • the possibility of recruiting employees from Ukraine, Belarus, and even the Philippines and Nepal
  • access to highly motivated employees for hard physical labor
  • easy to calculate – one FV instead of multiple transfers to ZUS, Tax Office
  • there is no cost for personnel management and recruitment for employees.

Outsourcing is the free translation of the use of external resources of companies (a set of words outside resource using). As part of this kind of cooperation, our employment agency performs a part of their work for the clients.

The most common differences between outsourcing and temporary work:

  • the employees provided follow the instructions for other employees of the employment agency
  • the employment agency is responsible for the execution of a particular order
  • the place of activities may take place outside the place of the client’s business, e.g. in a hall rented by an employment agency
  • the contract covers an exact purpose – performing an accurate scope of workc
  • agency payroll calculations depend on the work effect of employees, not on the amount of their work.

Asian employees are being increasingly invited to work in Poland. They are a good alternative for employees from Eastern countries and are most often employed in manufacturing companies in the food, meat, fish and textile industries, as well as in mushroom-growing, printing etc.

Filipinos are a particularly attractive group of employees. Nearly 100 million people live in the Philippines, almost all of them are Catholic and are fluent in English. Many Filipinos go on contracts to other countries, mostly to Australia and Singapore. They have extensive experience that is welcomed by Polish employers.

To get a visa to Poland, employees from Asia cover a longer, more labor-intensive and more expensive road. In addition, returning to their country is more expensive than for people from Ukraine. In addition, Filipino citizens do not have the possibility to change their job quickly. Documents that legalize their work are issued within about three months.

All this means that employees from the Philippines remain at the workplace for longer periods of at least a year and often extend their stay in Poland.

In accordance with Polish law, there are a number of possibilities for legalizing the employment of a foreigner, and the choice of form depends on many factors, such as the country of origin of the employee, the expected period of employment, and the employee’s plans to travel home.

As part of our services, we choose the best way to legalize work and arrange the necessary documents for a foreigner working directly with our client. By trusting us with these actions, our clients save time and risks associated with illegal employment.

For our regular customers, we are available for the entire period of work of a foreigner. We advise and help you to cope with any most complicated problem.

A foreigner may stay in Poland, among others, on the basis of a visa, passport as part of visa-free travel, temporary or permanent residence permit and based on a stamp in the passport confirming submission of the application for residence.

For this reason, apart from documents regarding legal employment, the employer is also obliged to file in the employee’s personal file documents proving his/her legal stay in Poland throughout the entire period of employment. A foreigner may stay in Poland, among others, on the basis of a visa, passport as part of visa-free travel, temporary or permanent residence permit and based on a stamp in the passport confirming submission of the application for residence.

As part of this service, in consultation with our client and the employee, we set the manner and dates when the employee will stay in Poland. As part of this work, we prepare documents necessary to obtain a visa or submit applications for temporary residence in Poland. In the case of obtaining a residence card in Poland, we are with the employee throughout the whole process until the card is received.

As part of human resources outsourcing services, our specialists keep personal files of foreigners employed directly by our clients.

We draw up contracts, vacation requests and confirmation of receipt of remuneration translated into a language understood by the foreigner, as well as organize and properly file documents legalizing their work and stay.

By entrusting us with these activities, the employer minimizes the risk of error. After the employment period, complete personal files are returned to the employer.

Frequently Asked Questions

Temporary job

What is the cost of delivering a temporary employee?

The cost of delivery of an employee depends on the salary that the employee will receive, the system of work, the type of contract and the calculation of his residence. The cost of hiring a temporary employee should not exceed the cost of hiring another person in a similar position in the relevant company.

What social security contributions are paid by the employment agency for employees?

The rules for calculating ZUS contributions and their amount are identical for a temporary employee as for an employee employed directly in a given company.

Can a temporary employee be employed under a mandate contract?

Yes, if the nature of the activities performed corresponds to the mandate contract.

What obligations does the user employer have?

The employer must keep a list of temporary employee participants for three years. All obligations arising from the Labor Code are kept by the employment agency.

What rights does the user employer have?

The user employer gives instructions to temporary employees, organizes and supervises their work. In addition, the user employer can send temporary employees on a business trip, and charge the expence to the company’s accont.

Can temporary workers be employed for a longer period of time?

Temporary work may last up to 1.5 years. After this period, the user employer often employs temporary employees directly. The employment agency does not charge any fees for that.

Which countries do the employees come from?

Mostly from Ukraine, less often from Georgia, Belarus and Moldova. Citizens of the Philippines present an increasing number of employees.

Are there problems in communication between the employer and temporary employees?

Before starting cooperation, we analyze the employer’s needs. If communicative use of the Polish language is required, we only provide employees who meet these criteria.

The coordinator monitors the correct flow of information between the employer and the temporary employees employed by him. The coordinator of the employment agency is available to our clients at any time.

Who conducts medical examinations of employees?

In most cases, the employment sends employees for a medical examination before starting work. However, it is possible for the employer to carry out the tests.

Who provides safety training (BHP)?

In most cases, the initial health and safety training is provided by the employment agency. Most often, the employer provides the job training. There is an opportunity for an employee of the employment agency to participate on the job training.

What is the notice period?

The notice period for temporary employment contracts is seven days with entry into force at the end of the week. However, it concerns employment agencies. An employer can dismiss any number of temporary employees at any time.

What if the temporary employee does not meet the expectations of the user employer?

The employer may refuse to hire a temporary employee from day to day in any case. In this case, the employer must immediately notify the employment agency without undue delay, which will terminate the contract with the employee. If there is such a will of the employer, the employment agency will immediately send another person to take his/her place.

What does the procedure look like when a temporary employee has an accident at work?

First, the user employer must respond to such an event, provide first aid, or if necessary call an ambulance. After that, the OHS inspector and the employment agency make a report on the accident with the participation of the employer and the victim. All subsequent actions are the obligation of the employment agency.

Does the insurance premium paid to social security( ZUS) by the employer increase after a temporary employee's accident?

No, the increase in insurance premiums incurred after an employee’s accident concerns the employment agency.

Who prepares the temporary employee's attendance list?

The employer at the beginning of the month is supposed to provide the attendance list of the employees to the employment agency for the previous month.

Does the employer bear the costs associated with legalizing the residence and work of a foreigner in the company?

Expenses related to employment, such as legalizing the residence and work, are borne by the employment agency.

Who is responsible for incorrect employment of an employee?

The employment agency is the employer, and it bears all responsibility related to the employment of the employee, including the proper way of documenting his legal work and stay in Poland.

Is the employer obliged to provide work clothes?

Worker is to be provided with work clothing. In most cases, it is the obligation of the employer. If the employer and the employment agency have a personal agreement this task may also be carried out by the employment agency.

Is the employee's accommodation the duty of the employer?

Providing housing to the employee is very important and significantly affects the job offer. In most cases, the employment agency is to provide accommodation, unless the employer has the option for the employees.

Who bears the cost of accommodation?

The cost of living is part of the employee’s salary. The employee bears the cost of living directly, for example, by paying the monthly rent or the equivalent part of the salary is kept.

Who provides transportation to the work site?

The employment agency is obliged to provide the employees with transportation to the work site.

The service can be provided, for example, by a company car of the employer, by public transport, or even by a car provided to temporary employees by the employment agency.

Can an employer hire a temporary employee directly?

Yes, and in addition at any time during the contract, provided that it is the will of the temporary employee and the employer. The employment agency does not charge any additional fees for this. Very often, the employer hires temporary employees directly after the termination of the contract for temporary work with this employee.

Outsourcing

What responsibilities are assigned to the outsourcing customer compared to temporary work?

The responsibilities of the outsourcing service customer are less than responsibilities of the employer. The outsourcing customer is not to draw up an employee attendance list, monitor their work or assign the tasks for the employees. These actions are the duty for the employment agency.

Does outsourcing order medical examinations and occupational safety training?

No, these actions are usually carried out by the employment agency.

How is the outsourcing service performed?

The employment agency shall receive remuneration for the actions performed, for example, for packing a certain number of products, or for picking a certain weight of vegetables.

Do the employees of the employment agency have to be present during outsourcing?

Yes, because the employment agency is responsible for the work carried out.

Is the outsourcing service supposed to be carried out in the premises owned by the Customer?

No, if possible, the employment agency may provide outsourcing services in another place, e.g. in a hall rented for this purpose.

Is the customer obliged to provide the employees of the employment agency with work clothes?

No, the employment agency provides work clothes to its employees.

Does the Employer have to provide the tools necessary to perform the service?

It depends on the agreement between the employment agency and the Employer. In many cases, the employment agency uses its own tools.

What is the term of termination of the outsourcing service?

In the case of temporary work, the employer can refuse employees at anytime, in the case of outsourcing, these terms are longer and are individually agreed between the parties of the contract.

More information

Employee leasing rules

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  • 2.

Purchase requisition

The employer informs us (the employment agency) of the requirement in which he defines the workplace and the requirements for the employees. Then, the parties jointly determine the amount of remuneration for temporary employees.

Recruitment

The temporary employment agency launches channels for attracting employees, informs the employer about the possibility of meeting his needs and arranges the place and time of the beginning of work.
  • 3.

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The conclusion of a contract with an employee

We direct the employee for an initial medical examination and sign a temporary employment contract with him. Then we direct him to an apartment, located near the workplace.

First day of work

By the agreed date, the worker is ready to emplyee. After conducting the OHS training, the employer assigns the employee tasks and monitor the performance.

Continuation of cooperation

At the end of the month, the employer sends us an employee attendance list. Based on it, we calculate and pay the employee remuneration and pay due contributions to the Social Security Institution (ZUS) and Tax Office.

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