Temporary Agency Workers in Poland: Rules for User Employers

Temporary agency work in Poland is a model in which a temporary work agency employs a worker and directs that person to perform work for a user employer. Where the worker is employed under an employment contract, the agency remains the formal employer, while the user employer organises daily work, supervises performance and provides the workplace.

This structure is commonly used to address seasonal demand, temporary staff shortages and short-term projects. However, it is regulated by the Act of 9 July 2003 on the Employment of Temporary Workers. A user employer cannot treat agency workers as an unrestricted flexible workforce. Time limits, equal-treatment rules and health and safety duties apply directly to the business using the worker’s services [1].

Temporary work agency vs user employer in Poland: allocation of responsibilities

Before the agency concludes the employment contract with the worker, the agency and the user employer must agree in writing on, in particular, the type of work, required qualifications, expected duration of the assignment, working time and place of work. The user employer must also inform the agency in writing about, among other matters, the remuneration applicable to the assigned work, its internal pay rules and the health and safety conditions of the work [1].

The temporary work agency is generally responsible for:

• concluding the employment contract or civil-law contract with the worker;
• paying remuneration and social-security contributions;
• maintaining employment documentation; and
• addressing claims connected with the employment relationship.

The user employer is responsible for the practical conditions under which work is performed. This includes organising tasks, providing workplace instructions, supervising work and ensuring compliance with occupational health and safety rules. The division of contractual responsibilities does not remove statutory obligations imposed on the user employer.

User employer obligations in Poland: workplace, records and safety

Under Article 14 of the Act on the Employment of Temporary Workers, the user employer must provide temporary agency workers with safe and hygienic working conditions at the place designated for temporary work. The applicable standard is derived from the Polish Labour Code, including the employer’s general occupational health and safety duties under Article 207 of the Labour Code [1][2].

The user employer must also keep records of the temporary worker’s working time to the extent and on the terms applicable to its employees. This is important for overtime, rest periods, night work and payroll settlements. In practice, inadequate time records often create disputes between the agency and the user employer, especially where the worker alleges unpaid overtime.

Before accepting agency workers, the business should verify whether the intended work is legally permitted. Article 8 of the Act contains four important prohibitions. Temporary agency workers may not be assigned to:

1. particularly dangerous work;
2. work in a position occupied by an employee of the user employer who is participating in a strike;
3. work of the same kind as work performed by an employee whose employment was terminated by the user employer for reasons not related to employees during the three months preceding the planned start of temporary work; this restriction applies where the work would be performed in an organisational unit located in the same municipality as the unit in which the dismissed employee worked (see also employee layoffs in Poland); or
4. work requiring a security worker to be armed with firearms or certain coercive devices.

These restrictions are assessed on the factual circumstances, not only on the job title used in contracts. Breach may expose the user employer to a fine of PLN 1,000 to PLN 30,000 under Article 27b of the Act [1].

18-month limit for agency workers in Poland

As a general rule, a temporary agency worker may perform temporary work for one user employer for no longer than 18 months during a period of 36 consecutive months. The limit applies whether the worker is sent by one agency or by several agencies, so the user employer must monitor it on its side. Changing agencies does not reset the statutory clock [1].

An exception applies where the worker replaces an absent employee of the user employer. In that situation, the assignment may last up to 36 months. After that period, the same worker cannot be directed to the same user employer for temporary work before a further 36 months have elapsed [1].

Businesses should maintain an internal register showing each agency worker, assignment dates, agency involved, role and basis for any replacement assignment. This is particularly important in corporate groups, where operational teams may engage workers through several recruitment providers without central legal oversight.

Equal treatment of agency workers

A temporary agency worker must not be treated less favourably in terms of working conditions and other employment conditions than employees directly employed by the user employer in the same or similar position [1].

The user employer should therefore provide the agency with accurate information on pay levels, working-time arrangements, bonuses, access to workplace facilities and other relevant conditions. If equal-treatment rules are breached, the worker’s claims are generally directed at the agency as the formal employer. Whether the agency can then recover its losses from the user employer, for example where the breach resulted from incomplete or inaccurate information, depends mainly on the agreement between the two businesses and general civil-law rules.

Agency workers vs outsourcing in Poland

Temporary agency work should not be confused with genuine outsourcing. In an outsourcing model, the contractor normally delivers an independently managed service and remains responsible for organising personnel, methods and supervision. In temporary agency work, the worker is integrated into the user employer’s organisation and follows its operational instructions.

Misclassifying labour supply as outsourcing can create inspection, employment and tax risks. The Polish National Labour Inspectorate examines how the arrangement operates in practice [3]. A contract called “outsourcing” will not necessarily be treated as outsourcing if the client business effectively manages the contractor’s personnel as its own workforce.

Hiring foreigners through a temp agency in Poland

Hiring foreigners through a temporary work agency requires separate verification of the foreign national’s right to stay and work in Poland. The temporary work agency must be entered in the Register of Employment Agencies (KRAZ), while the user employer should confirm that the worker is assigned to perform work lawfully and in conditions consistent with the relevant work-authorisation documents [4][5].

Foreign-worker arrangements require particular care where the planned role, remuneration, place of work or working time differs from the conditions specified in the relevant work permit or other work-authorisation procedure. The consequences may include administrative sanctions, business disruption and reputational risk [4]. For broader support with recruitment and employment in Poland, the staffing model should be reviewed together with the immigration documents.

This is informational material, not legal advice. For a case-specific review of agency staffing arrangements, workforce limits or outsourcing exposure, contact the Kopeć & Zaborowski legal team.

FAQ – Temporary Agency Workers in Poland

Can a user employer hire the same agency worker through another agency after 18 months?

No. The 18-month limit applies to work performed for the same user employer, regardless of how many temporary work agencies are involved [1].

Does the 18-month limit apply to replacement assignments?

A replacement assignment may last up to 36 months where the temporary worker replaces an absent employee. The worker may then be directed to the same user employer again only after the statutory 36-month break [1].

Who is responsible for health and safety of an agency worker?

The user employer is responsible for providing safe and hygienic working conditions at the workplace. The agency remains the formal employer where the worker is employed under an employment contract, but this does not remove the user employer’s statutory duties [1][2].

Can an agency worker perform dangerous work?

No. Temporary agency workers cannot be assigned to particularly dangerous work within the meaning of Article 8 of the Act on the Employment of Temporary Workers [1].

Must agency workers receive the same pay as directly hired employees?

They must not be treated less favourably than employees of the user employer in the same or similar position in respect of working conditions and other employment conditions, including remuneration-related conditions relevant to the assignment [1].

Is outsourcing subject to the same rules as temporary agency work?

Not necessarily. Genuine outsourcing is organised and managed by the contractor. If the client directs and supervises workers in practice, the arrangement may be assessed as temporary agency work or another form of labour supply.

Bibliography

[1] Act of 9 July 2003 on the Employment of Temporary Workers, consolidated text: Journal of Laws of 2025, item 236.

[2] Act of 26 June 1974 – Labour Code, consolidated text: Journal of Laws of 2025, item 277.

[3] National Labour Inspectorate, guidance materials on temporary agency work and employment of temporary workers.

[4] Act of 20 March 2025 on the Conditions of Admissibility of Entrusting Work to Foreigners in the Territory of the Republic of Poland, Journal of Laws of 2025, item 621.

[5] Act of 20 March 2025 on the Labour Market and Employment Services, Journal of Laws of 2025, item 620.