EU Posted Workers Directive to be Implemented in National Law

At a Glance

Poland has amended its posted worker laws to implement the EU Posted Workers Directive. Key changes include:
- a requirement for the sending company to notify the Polish government of changes about the assignment;
- a requirement for the sending employer of short-term posted workers to ensure that the employee receives all the same salary components and travel allowances as a local Polish worker, if such terms are more beneficial than under the sending country’s employment laws; and
- a requirement for long-term posted workers to benefit from all the same terms of Polish employment law where such terms are more beneficial to them than the terms of their sending country’s law.
Also, the new rules expand the scope of rights of labour inspections. Therefore, an increase in auditing activity of the Polish labour inspector can be expected after July 30, 2020.
The changes will become effective July 30, 2020.

The situation

Poland has amended its posted worker laws to implement the EU Posted Workers Directive. The changes will become effective July 30, 2020.

A closer look

New rule	Previous rule	Impact
Notification of changes. The sending company will need to notify the Polish Labour Inspector of changes about the assignment. This includes the dates of the assignment, identity information (name, position, tax identification number), contact information for designated sending company representative, and location of assignment-related documents.	No such notification requirement exists.	Employers sending employees for short-term work in Poland will need to abide by new administrative requirements.
Equal pay and equal terms of employment. A company sending employees to Poland to perform work for 12 months or less will need to ensure that the employee receives all the same salary components and is entitled to all the same travel allowances as a local Polish worker, if such terms are more beneficial than under the sending country’s employment laws.	No such equal terms laws exist.	Sending employers of short-term posted workers may need to amend the worker’s salary components and/or travel allowances, which may require budgetary changes.
Long-term postings. Posted workers on long-term assignments will benefit from all terms of Polish employment law where such terms are more beneficial to them than the terms of their sending country’s law (with a few exceptions). The calculation of the term of work is technical – for more information please contact your immigration professional.	No such equal terms laws exist.	New terms of Polish employment law applicable to long-term posted workers in Poland will include: (1) terms of payment for sick leave (2) terms of reimbursement of business travels within Poland (3) obligatory allowances such as allowance for night work or remuneration for stoppage of work (4) terms of employee liability for damage (5) rights connected with pregnancy and parenthood (e.g. rights to time off, limitations on overtime and business travel) (6) vacation leave (amount of annual leave entitlement is already applicable under current rules) (7) right to breaks in working time other than vacation leaves (8) limitations regarding work on Sundays and Polish bank holidays
Expanded labour inspection rights. The new rules also expand the scope of rights of labour inspections. Specifically, the rules suggest an increased focus on monitoring compliance with posted worker rules. Therefore, an increase in auditing activity of the Polish labour inspection can be expected after July 30, 2020.	Currently, audits conducted on employers are not common.	Affected employers should be prepared for audits. Contact your immigration professional for specific advice.

Background

Posted worker definition. A posted worker is one that carries out business or work activities temporarily in an EU Member State other than the one they usually work. This can include those traveling to another EU Member State to work with the sending employer’s customers or clients, at a subsidiary or branch, or those hired by an employment or placement agency to carry out work for a client in another EU Member State.
EU Posted Worker Directive history. The main objective of the EU Posted Workers Directive is to improve employment conditions between posted and host country workers by equalizing pay, regulating working hours and paid leave rules. On July 30, 2018, legislation went into effect that introduced a set of requirements to companies posting their employees to another EU Member State to provide services. EU Member States—and with them, all companies— have until July 30, 2020 to adopt the new provisions.
How Fragomen can help. Contact your immigration professional for assistance with applying the terms of the new rules in Poland.

Impact for employers

Actions required. Employers should review the employment terms of workers posted to Poland, in particular regarding the period of posting, their remuneration and other payments and benefits.
Fine for noncompliance. Employers who do not comply with these requirements may face a PLN 1,000 – PLN 30,000 fine.

Looking ahead

The Polish immigration law system is undeveloped comparing to other European countries. This rule indicates the government’s intention to align its immigration system with the European Union. The system is undergoing constant changes, and the government is expected to implement improvements and continue to update processes.

Fragomen will report on related updates.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

We have dedicated extensive resources to monitoring immigration regulatory developments and policy changes as they evolve worldwide.