Submit a motivated notification to extend the period of application of the minimum conditions of employment of a worker posted to the territory of Poland

Are you an employer who posts a worker to the territory of Poland for more than 12 months and do you intend to extend the period during which the minimum conditions of employment guaranteed by Polish law apply to that worker? Submit a motivated notification to the State Labour Inspection to extend this period to 18 months.

How to proceed

What you should know and who can use this service

If you are a foreign employer posting a worker to the territory of Poland, you are obliged, within 12 months of the posting period, to provide to the posted worker conditions of employment no less favourable than those ensuring minimum protection applicable in Poland, within the scope arising from the Labour Code and other provisions governing the rights and obligations of employers and workers.

Learn what kind of employment conditions must be guaranteed to a worked posted to work in Poland.

You may extend the period during which the conditions of employment ensuring minimum protection apply to the posted worker to 18 months (from the date on which the services begin to be provided). To do so, you must submit a motivated notification to the State Labour Inspection.

If you successfully submit the motivated notification, you are not obliged to guarantee to the posted worker a broader range of conditions of employment than that ensuring minimum protection.

Please note! If you do not submit the motivated notification to the State Labour Inspection, then after the end of the posting period of 12 months, you must apply the Polish labour law nearly in its entirety, except for provisions governing the rules and procedure for the conclusion and termination of employment contracts, the use of non-competition clauses, and occupational pension schemes and employee capital plans.

How to calculate the posting period

If, as an employer posting workers, you refer different workers to Poland at different times, add up the periods of posting of all the workers successively posted to carry out the same task at the same place in the territory of Poland when calculating the period of posting in order to determine what conditions of employment are to be provided to these workers. The following factors, in particular, are taken into account when assessing whether the same task is carried out at the same place: whether the services provided are identical, type of work that is carried out and the address(es) of the place where the work is carried out in Poland.

Example: An employer posting a worker referred that worker to Poland for 12 months. At the end of that period, the employer replaced that worker with another worker, who worked in the territory of Poland in the framework of the same services provided for the same contractor, at the same place. The employer posting the worker did not submit a motivated notification to the State Labour Inspection. In such a situation, the ‘full range’ of conditions of employment guaranteed by labour laws, i.e. those arising from the Labour Code and other provisions governing workers’ rights and obligations, except for provisions governing the rules and procedure for the conclusion and termination of employment contracts, the use of non-competition clauses, and occupational pension schemes and employee capital plans, must be provided to the worker who replaced the previous worker in Poland.

When you should complete this procedure

Before the end of the posting period of 12 months, calculated from the date on which an employer posting a worker begins to provide services in Poland.

Where you can complete this procedure

PAŃSTWOWA INSPEKCJA PRACY GŁÓWNY INSPEKTORAT PRACY
ul. Barska 28/30, 02-315 Warszawa

What to do step by step

1. Submit a motivated notification to the State Labour Inspection (PIP)

The easiest way is to submit the notification electronically – select the ‘Proceed online’ button to do this. Remember that you do not need to print, hand-sign or scan notification forms. Just fill in the form on a computer and confirm it by a qualified signature or a Trusted Profile.

Please note! Do not send the notification by e-mail, as the State Labour Inspection does not accept documents in this form.

You may also submit the motivated notification in paper form. For this purpose, use the templates available on this website.

The notification in paper form, together with the details of all the posted workers to whom it relates, may be:

• sent by post, with acknowledgment of receipt (this document will constitute confirmation of submission of the notification) to the Chief Labour Inspectorate in Warsaw
• submitted in person at the Chief Labour Inspectorate in Warsaw
• submitted by an attorney at the Chief Labour Inspectorate in Warsaw.

The notification may be submitted in Polish or in English.

Please note! You will not receive any acknowledgement of receipt from the office, as it does not issue such documents.

Documents

Time limit

Before the end of the posting period of 12 months, calculated from the date on which an employer posting a worker begins to provide services in Poland.

How much you will have to pay

The service is free of charge

How long you will have to wait

Good to know

Please note! Motivated notifications are not submitted if temporary agency workers are posted to Poland.

The following conditions should be provided to such workers, from the first day of the posting throughout the period when work is carried out in Poland:

• conditions of employment no less favourable than those guaranteed by the Polish provisions on the employment of temporary agency workers, as well as
• conditions arising from collective agreements and other collective arrangements based on laws, and rules and statutes setting out the rights and obligations of the parties to the employment relationship, referred to in Article 9 of the Labour Code, including conditions of accommodation, where provided to workers away from their regular place of work

- on the same terms as those applicable to domestic temporary agency workers.