Latest update on the new requirements for employers who second workers
Employers are obliged to inform the National Labour Inspectorate (PIP), retain records and create a point of contact. A fine for non-compliance with the above has also been implemented.
These new requirements relate to foreign employers who send an employee irrespective of whether the employee is an EU or non EU national to Poland on secondment. The employer must send a statement to PIP on the day the assignment starts or before, the statements must include details of the secondment.
Any changes to the information submitted in the statement, PIP must be notified within seven days of the change occurring. Specific documentation which must be kept in Poland relating to the secondment must be kept in electronic or paper format for a period of two years following the end of the secondment.
The employer must be able to provide PIP with any required document with polish translation(s) no later than five working days from the date of the request. If the request is made during the two-year period after the secondment has ended the time frame for receipt of documents from date of request is extended to fifteen working days.
The employer must elect an individual who is resident in Poland who has authorisation to access the documents and contact PIP on the employer’s behalf as and when required.
If an employer fails to provide the information to PIP or who breaches the law on seconded workers may face a fine of between (1000zl) and (30,000zl).