The new Act on the labor market and employment services will replace the Act on employment promotion and labor market institutions in force for 20 years. From June 1 this year. It will introduce a number of significant changes for employment agencies, including a temporary employment agency. Entrepreneurs from this industry should already revise their activities and prepare for upcoming duties. Below we present 10 key changes that the new regulation will bring.
One of the most important changes is the introduction grace period – for the first two years from obtaining an entry in the register, Employment agencies will not be able to direct foreigners to work, whose employment requires a work permit or a declaration of entrusting work to a foreigner.
This is a clear reaction to problems related to abuse in employing employees from abroad. In this way, the legislator wants to build a mechanism that will limit the possibility of quickly establishing fictitious agencies only to obtain employees from abroad.
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2. Outsourcing restrictions
Employment agency As part of the provided service of managing foreigners for employment or other paid work to entities operating in the territory of the Republic of Poland He can direct foreigners only directly to these entities.
This is one of the changes that will strike directly at the model of outsourcing or subcontracting. The state wants to have clarity where a foreigner works and who is responsible for its working conditions. This will facilitate the control of the State Labor Inspectorate (PIP), ZUS and Border Guard.
3. Additional obligations for foreign entrepreneurs
Foreign entities conducting the activities of employment agencies in Poland will have three months from the entry into force of the new regulations to get an entry in the register. In addition, they will be obliged to indicate a person physical in Poland, authorized to represent the agency in contacts with ZUS, PIP and the voivodship marshal.
This is a response to difficulties in conducting effective control proceedings towards entities registered outside the country.
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3. A mandatory premises in Poland and contact with a representative
The new regulations directly indicate that the agency must have premises in the territory of the Republic of Poland, in which the documentation related to employment will be stored. This place should also enable contact with the agency representative, which strengthens the supervision of control bodies, but also increases the standards of employee protection.
4. Registration. More documents and verification of credibility
The new act extends Catalog of documents required for registration of the agency. Among them will be:
- certificate of no penalty of members of management bodies and agency representatives,
- certificates of lack of tax and contributory arrears,
- Other documents that will confirm the reliability and legality of the entity's activities.
5. Obligation to store documentation
Each entity entered in the register will have to have an entry throughout the entire period of possession – and for three years after it is removed – Store documents confirming the fulfillment of statutory conditions for business.
6. Extended entry date and presumption of consent
The date when The voivodship marshal is obliged to make an entry – from the previous seven days up to 14 days. Moreover, if within 21 days of submitting a complete application the marshal does not issue a decision, the entity will be able to start operating (presumption of consent). Until now it was 14 days.
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7. Higher registration fees
Agencies will have to pay PLN 1000 for entry in the registerwhich is a fivefold increase compared to the current fee for issuing a certificate (PLN 200). This is not only an increase in administrative influence, but also an attempt to limit the registration of random and unstable entities.
8. A new premise for removing from the register
The employment agency will be able to be removed from the register, If he does not undergo PIP or Marshal of the Province twicewithout giving a reasonable reason. This tool is to limit the avoidance of supervision and increase control efficiency.
9. Controls based on data from KAS and KRUS
The voivodship marshal will obtain new competences in the verification of applicants – even before registration he will be able to apply to the National Tax Administration and KRUS for information on possible arrears in taxes or contributions. This is another filter that protects against dishonest players on the market.
10. The obligation to cooperate with PIP
The voivodship marshal will be obliged to transfer the National Labor Inspectorate – once a quarter – a list of entities deleted from the register and banned from conducting business. This is another step towards more effective exchange of information between supervisory authorities.
What do the new regulations mean for the agency?
The changes are part of a wider trend of tightening control over the labor market – especially in the context of employing foreigners, outsourcing and cross -border services. Already today there is an increased activity of control bodies, such as the National Labor Inspectorate or the Border Guard, which are increasingly checking the legality of employment and formalities related to running an agency.
For entrepreneurs, this means kOnline not only adaptation of documentation, but also to order operational and formal structures, especially in the case of activities conducted by foreign entities or in non -standard forms.
There is not much time to adapt, and the preparatory activities should be taken as soon as possible.
Author: Karolina Kanclerz, legal advisor and partner at the PCS Paruch office, Chruściel Schiffter Stępień Chancellor
