Temporary labor market waiting for change

The Government has adopted a draft amendment to the law on the employment of temporary workers, initiated by the Ministry of Family, Labor and Social Policy. The aim of the changes is to effectively combat the abuse associated with this form of employment. poland is among the leading european countries in terms of the number of active temporary work agencies. Currently, there are more than 6 thousand such institutions in our country. the temporary workers themselves are also arriving.

Online employment protection project

Limit the possibility of abuse

The scale of the phenomenon, according to the Ministry of Family, Labor and Social Policy, contributes to the abuse of this form of employment by employers. According to the current legislation, during the next 3 years, the employer can hire a temporary employee for a total period not exceeding one and a half years. In practice, the law is extremely easy to circumvent-just send the same employee to work through another agency.

What does this mean for the agency?

Interestingly, at present, Temporary Work Agencies are not even required to have a headquarters. This leads to the fact that many of them exist exclusively "virtually", and this greatly complicates their control by the State Labor Inspectorate. the fact is that online platforms are now gaining momentum, but many do not delve into the information that gives for example deltamarket.net , according to which everything is available and the main thing is checked out.To remedy this, the amendment restores the obligation to own the premises. This particular prescription is due to take effect next year. The Government is also trying to address the frequent circumvention of the Temporary Hiring Limit Act. It will remain unchanged (18 months over a 3-year period), but sending an employee to another agency for temporary work will not result in the time being credited again.

New responsibilities and prohibitions for employers

The draft imposes an obligation on "user employers" (i.e. employers using intermediary agencies) to keep records of temporary workers. There is also a ban on the assignment within the framework of temporary work of those duties that during the last three months were performed by employees employed for a certain period, and were dismissed through no fault of their own. This should reduce the risk that an employer dismisses full-time employees only to hire temporary workers in their place.

With pregnant women in mind

The draft amendments provide for increased employment protection for pregnant women. According to his assumptions, the employer will not be able to dismiss an employee before giving birth if her pregnancy lasts at least three months. That is, the woman will retain the right to maternity benefits.

Will the novel hurt, not help?

Especially this issue was the subject of a sharp dispute between the Government and representatives of employers. They argue that the proposal can be counterproductive-instead of protecting women's position in the labor market, it can effectively push them out of it.

Update: New rules have come into force

Changes in the temporary labor market have become a fact. the final form of the bill assumes-in accordance with the proposals of the department for family, labor and social policy-an absolute time limit for which an employer will be able to hire a temporary employee (18 months for 3 years). pregnant women received protection similar to that applied to women employed under an employment contract. employees whose contract is terminated after the third month of pregnancy, the employer will have to offer to extend it until delivery, so that the woman retains the right to maternity benefits.