Employment agency in Poland – Lexology

Working an employment agency in Poland

Recruitment agencies that supply assistance to organizations in the assortment of work candidates or assistance staff members to uncover a practical workplace, function all over the world. Firms of this form in Poland are termed employment businesses. On the other hand, operating this form of business in Poland is subject to certain principles, described in the Act of 20 April 2004 on employment advertising and labor market place establishments (“Act”). What are these regulations? You will obtain out in this article.

Desk of Contents

Countrywide Sign-up of Emplyment Organizations (KRAZ)

The action of an work company is a so-known as “regulated activity”, which indicates that ahead of setting up the recruitment things to do, the organization should enter into the relevant sign up (independent from the typical business sign up) – National Sign up of Work Companies (KRAZ)

So, if you intend to run an employment company in Poland, at the time you set up a company, your 1st and standard move is to register your firm in KRAZ.

Registration in KRAZ is built upon composed or electronic software. The software is submitted to the Voivodship Labour Business, qualified for the registered business tackle of the agency. In the application it is expected to provide, amongst other folks:

  • firm title
  • registered business address of the corporation
  • handle of the premises wherever the company expert services are provided (if it’s unique than the registered business deal with)
  • contact telephone selection of the company (there is no need for it to be Polish mobile phone range)
  • form of products and services furnished by the agency.

Registration in KRAZ is built in 7 days from the date when the application is received by the suitable office. The agency may well begin its recruitment routines as soon as it enters into KRAZ register. Acting as work agency devoid of registering with KRAZ is a criminal offense!

Upon entry into KRAZ, the business receives its exceptional number in the register. This amount need to be included in all company contracts and paperwork linked to activity as an work company, for example task offers and adverts, enterprise site, e-mail footers and contracts with both companies and candidates. Any changes of the agency’s knowledge visible in KRAZ need to be noted to the applicable office environment in 14 times (this applies in specific to: corporation title, registered business handle, premises deal with, telephone range).

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Digital business? Not for the work agency.

In today’s world, it is customary to sign up a company at a virtual business tackle, i.e. to employ only a registered tackle from an external entity.

On the other hand, in case of the employment businesses this could cause the problem, as the Polish Act explicitly necessitates an employment company to have premises where by its solutions are presented (posting 18fa of the Act). Consequently, in Poland it is not permitted for the employment agency to have only a digital workplace (with no the right to use any premises at the registered place of work handle). Definitely, it is not prohibited for an company to have a registered address in a digital office environment and premises in which products and services are offered in a further area.

Type of companies

In the software for registration with the KRAZ, it is required to suggest the type of expert services presented by the Agency.

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The Act distinguishes four groups of these services:

  • job placement solutions
  • individual consulting expert services
  • job direction expert services
  • temporary employment company solutions.

No fees from the candidates

One particular of the standard rules of working an work agency is the prohibition of charging candidates with any costs for expert services rendered to them.

The only exception is when the agency directs the prospect to work overseas for international employers – in that circumstance, the company can only demand candidates with expenses related to the precise charges affiliated with the direction the applicant to do the job abroad, incurred for:

  • travel of the prospect (abroad and return to Poland)
  • issuing a visa,
  • clinical exams,
  • translation of documents

Charging the prospect with any other charges is a prison offense, punishable by a great up to 3000 PLN.

Once-a-year report

Because work organizations are regulated functions, the agency is bound by an once-a-year report obligation. Each and every work company is necessary to post stories on its pursuits to the appropriate Voivodship Labour Business office. The report will have to be submitted by 31 January each year, for the preceding calendar year. The report need to be submitted on an official sort, offered by the general public authorities.

Compliance with the obligation of an annual report is really important as if the report is not submitted it is a ground for elimination of the agency from KRAZ with a 3-year ban on re-entry.

The report have to reveal:

  • the quantity of folks who took up employment via the agency – this details ought to include the occupational groups of staff (according to the community statistical classifications in pressure in Poland)
  • the range of businesses and workers making use of the counseling solutions presented by the agency
  • the quantity of short-term employees who took up momentary get the job done by way of the agency

Labor inspectorate audit

A further consequence of the regulation of the employment company sector is the possibility of periodic audits of the company carried out by the Polish Labour Inspectorate authorities. The audit generally requires place as soon as a calendar year or when each two a long time and is carried out by Labour Inspectorate auditors in the agency’s premises. It is vital to note that the audit does not involve prior notification by the Labour Inspectorate (despite the fact that prior notification is usually utilised). For the duration of the audit, the company need to offer the Labour Inspectorate auditors with files related to its actions. As section of the audit, the Labour Inspectorate examines whether the enterprise complies with the procedures for operating an employment agency and the guidelines for the recruitment procedure (based on which solutions the agency offers).

In the party of non-compliance with these rules, the Labour Inspectorate could (relying on the gravity of the non-compliance):

  • oblige the company to clear away the non-compliance (if the firm fails to do so, it will be eradicated from the KRAZ register) or
  • clear away a firm from the KRAZ sign-up – in that situation, the enterprise may perhaps utilize for re-entry into KRAZ soon after 3 yrs.

Given that you’ve manufactured it this far, it usually means that the matter of employment companies truly pursuits you. So, let me introduce you to some fundamental guidelines of offering specific solutions by an work company in Poland.

Directing candidates to operate overseas

Directing candidates to function for foreign companies is a special type of work placement company that work agencies can deliver. In this circumstance, the company is essential to comprehensive some further formalities. 1st of all, ahead of sending a prospect abroad, the company will have to tell the applicant about the expenditures, expenses and other prices associated to taking up work abroad (like any costs stated above that the agency may exceptionally cost). This information and facts have to be supplied in writing! (a verbal communication or an e-mail will not be adequate). These types of expenditures may perhaps be, for instance, costs of accommodation, foods, expenditures of registration of stay in the place of perform, insurance policies expenditures, and so on.

Also, the agency, which sends people to do the job abroad, is obliged to conduct:

  • record of businesses to which candidates are directed to work abroad, like, in individual, the title and registered place of work of the employer and the identify of the place of origin of the employer
  • record of candidates directed to do the job abroad, including the title and surname, address of the person’s home and, in distinct, the name and registered place of work of the employer to which the individual was referred for operate overseas, employer’s nation of origin and the period of time of employment

When directing persons to work abroad, the company is also needed to enter into published agreements with both the candidate and the employer to whom the prospect is referred. The written content of both equally agreements is ruled by the provisions of the Act.

For illustration the relevant restrictions require that the deal in between the agency and the candidate include things like in-depth employment-related information and facts this kind of as:

  • international employer and its registered office deal with
  • time period of employment
  • style of deal between the prospect and the foreign employer
  • phrases and problems of work, which include the info on the candidate’s salary
  • social positive aspects to which the applicant is entitled
  • ailments of social insurance and insurance policy against accidents and tropical diseases
  • information and facts on the process and disorders of admitting foreigners to operate in the state of work.

Non permanent function

The provision of momentary perform expert services by an work company is subject to the regulations integrated in the separate Act (distinctive from the typical act on the employment companies) – Act of 9 July 2003 on employment of temporary staff. Having said that, this does not improve the actuality that right before starting off to work as a short term do the job agency, it is needed to register the corporation with KRAZ.

Momentary work signifies that a worker signs an work deal with the agency, which then directs that employee to do the job for a person employer. Non permanent operate is outlined in the Act as carrying out function:

  • of a seasonal, periodic or advertisement hoc nature, or
  • that the timely overall performance by staff employed by the consumer employer would not be achievable, or
  • whose performance is the obligation of an absent personnel used by the person employer.

Short-term do the job can not be consequently performed in each scenario. In addition, there are certain statutory constraints as to the type of operate that simply cannot be assigned to a short-term employee, for case in point: do the job that is significantly harmful (in accordance to the checklist of such careers published by the Polish Ministry of Labor), function as a security guard that involves to be armed with a firearm or function in the place of work of a individual who was employed by the person employer and who was dismissed for factors not linked to the staff (e.g. as component of collective redundancies).

Directing an staff for non permanent perform calls for that the agency to start with enter into written agreements – with the two the person employer and the non permanent employee. The articles of the two agreements is governed by the provisions of the Act on short term employment.

For case in point, the agreement in between the employment company and the consumer employer really should agree on:

  • the form of perform to be assigned to the non permanent employee
  • the required qualifications of the momentary worker
  • the envisioned time period of functionality of the short term function
  • doing the job time of the momentary employee
  • the area of performance of the short-term do the job.

It is also significant to don’t forget that there are time restrictions for the functionality of short term function – fundamentally, an company may perhaps direct a supplied worker to complete short-term perform for a presented consumer employer for a interval not exceeding a total of 18 months in a period masking 36 consecutive months. It is also essential to be aware that temporary task offers marketed by an employment agency must be marked with the wording: “temporary task offer” (in Polish: “oferta pracy tymczasowej”).

One of the basic obligations of just about every employer in Poland is to issue a certificate of work to an employee upon termination of work. However, in case of temporary staff, the certificate of work is issued by an employment company – the certificate ought to incorporate facts about each and every person employer for whom non permanent function was executed and the durations of such perform.