What Rights Do Temporary Workers Have?

In the dynamically changing job market, an increasing number of people are opting for temporary employment. Temporary employment agencies offer flexibility, the opportunity to gain diverse experience, and quick access to job offers. However, with the growing popularity of this form of employment, questions arise regarding the rights and obligations of temporary workers. Do they have the same rights as permanently employed workers? What legal regulations protect them? What obligations do temporary employment agencies have toward their employees? In this article, we aim to answer these and many other questions to shed light on the rights of temporary workers in Poland.

Table of Contents

Legal Regulations Regarding Temporary Work
- Definition and Legal Basis of Temporary Work
Forms of Employment for Temporary Workers
- Employment Contract vs. Contract of Mandate
Working Conditions and Remuneration
- Equal Treatment in the Workplace
- Remuneration System and Allowances
Leave and Working Time
- Right to Annual Leave
- Working Time Norms and Overtime
Protection Against Discrimination and Mobbing
- Legal Protection Mechanisms
- Procedures for Reporting Irregularities
Access to Social Benefits
- Social and Health Insurance
- Other Benefits and Perks
Role of Temporary Employment Agencies
- Agencies’ Obligations Toward Employees
- Employment Standards and Professional Ethics
Summary and Conclusions

Article Plan

Legal Regulations Regarding Temporary Work
Discussion of the definition of temporary work in Poland and the legal basis regulating this form of employment, including the most important laws and regulations.
Forms of Employment for Temporary Workers
Presentation of different forms of contracts used in temporary work, such as employment contracts and contracts of mandate, and discussion of the differences between them.
Working Conditions and Remuneration
Analysis of the principles of equal treatment of temporary workers, the remuneration system, and allowances due for specific positions.
Leave and Working Time
Discussion of temporary workers’ rights concerning annual leave, working time norms, and overtime work.
Protection Against Discrimination and Mobbing
Description of legal protection mechanisms against discrimination and mobbing, procedures for reporting irregularities, and institutions supporting employees.
Access to Social Benefits
Information about social and health insurance and other benefits available to temporary workers, depending on the form of employment.
Role of Temporary Employment Agencies
Discussion of agencies’ obligations toward employees, employment standards, and their role in ensuring appropriate working conditions.
Summary and Conclusions
Compilation of key information and practical tips for temporary workers.

1. Legal Regulations Regarding Temporary Work

Temporary work has become an integral part of the modern labor market, offering flexibility to both employers and employees. In Poland, the functioning of temporary work is regulated by specific legal provisions aimed at protecting employees’ rights and ensuring fairness in employment relationships.

Definition and Legal Basis of Temporary Work

The primary legal act regulating temporary work in Poland is the Act of July 9, 2003, on the Employment of Temporary Workers. According to this act, temporary work is defined as employment of a worker by a temporary employment agency to perform work for and under the direction of a user employer.

In this tripartite legal relationship, the following parties are involved:

Temporary Worker – a person employed by an agency based on an employment contract or a civil law contract.
Temporary Employment Agency – an entity conducting business activity involving directing workers to user employers.
User Employer – an entity utilizing the work of a temporary worker.

The act also specifies the maximum duration of temporary work for one user employer, which cannot exceed 18 months within 36 consecutive months. This provision aims to prevent the misuse of this form of employment and the replacement of permanent positions with temporary ones.

2. Forms of Employment for Temporary Workers

Temporary workers can be employed based on various forms of contracts, which determine their rights and obligations. Choosing the appropriate form of employment is crucial for both the employee and the agency.

Employment Contract vs. Contract of Mandate

Employment Contract
An employment contract is the most formal form of employment, regulated by the Labor Code. A worker employed based on an employment contract has full employee rights, including the right to annual leave, remuneration for overtime, and protection against unjustified dismissal.
Contract of Mandate
A contract of mandate is a civil law agreement regulated by the Civil Code. A worker under a contract of mandate has greater flexibility in performing tasks but does not enjoy some rights arising from the Labor Code, such as the right to leave or remuneration for overtime.

Choosing the Form of Employment

Temporary employment agencies can conclude both employment contracts and contracts of mandate. The choice of form depends on:

The Nature of the Work Performed – If the work has characteristics of an employment relationship (performed under the direction of the employer, in a specified place and time), an employment contract should be concluded.
Agreements Between Parties – Sometimes the worker prefers a contract of mandate due to its flexibility.

It is important that the form of employment complies with applicable regulations and does not violate the worker’s rights.

3. Working Conditions and Remuneration

Regardless of the form of employment, temporary workers should be treated fairly and in accordance with prevailing standards. Working conditions and remuneration are key aspects of employment that affect worker satisfaction and efficiency.

Equal Treatment in the Workplace

The user employer is obliged to provide temporary workers with working conditions no worse than those provided to permanent employees in similar positions. This includes:

Access to Tools and Equipment – Temporary workers should have the necessary tools to perform their duties.
Social Conditions – The ability to use social facilities, canteens, or other amenities.
Training and Development – Access to training that enhances professional qualifications.

Remuneration System and Allowances

The remuneration of a temporary worker should be established transparently and in accordance with applicable regulations. In the case of an employment contract, the following apply:

Basic Salary – Not less than the minimum wage.
Allowances – For overtime work, night shifts, or hazardous conditions.
Bonuses and Rewards – If provided in the employer’s regulations.

For contracts of mandate, remuneration is determined based on the agreement and can be specified as an hourly rate or a lump sum.

4. Leave and Working Time

The right to rest and regulations concerning working time are crucial elements of worker protection. Temporary workers have the right to appropriate free time, although the rules may differ depending on the form of employment.

Right to Annual Leave

Employment Contract
A temporary worker employed based on an employment contract is entitled to annual leave calculated proportionally to the period of employment. If the contract lasts less than a month, the worker receives a cash equivalent for unused leave.
Contract of Mandate
In the case of a contract of mandate, the right to leave is not guaranteed by the Labor Code. The possibility of a break in performing the mandate should be established in the agreement between the mandator and the mandatary.

Working Time Norms and Overtime

Employment Contract
Temporary workers are subject to standard working time norms:
- Working Hours – No more than 8 hours per day and 40 hours per week.
- Overtime – Additional pay or time off for work exceeding normal hours.
Contract of Mandate
The time of performing the mandate is flexible and depends on the agreements between the parties. There are no working time norms or overtime allowances.

5. Protection Against Discrimination and Mobbing

Every worker has the right to dignified treatment and protection against unfair practices in the workplace. This applies to workers employed based on both employment contracts and civil law contracts.

Legal Protection Mechanisms

Regulations prohibit any discrimination in employment, particularly on grounds of:

Gender
Age
Disability
Race or ethnic origin
Religion
Sexual orientation
Form of employment

Procedures for Reporting Irregularities

A worker who has experienced discrimination or mobbing can:

Report the Issue to the Temporary Employment Agency – The agency should take appropriate actions.
Contact the National Labor Inspectorate – The body supervising compliance with labor law.
File a Lawsuit – To pursue their rights through the court system.

6. Access to Social Benefits

Access to social benefits largely depends on the form of employment. Temporary workers should be aware of their rights in this area.

Social and Health Insurance

Employment Contract
The agency is obliged to:
- Register the worker for social and health insurance.
- Pay Contributions for retirement, disability, sickness, and accident insurance.
Contract of Mandate
Insurance contributions are paid but may be lower, especially if the mandatary is a student under 26 years old or has other insurance titles.

Other Benefits and Perks

Access to additional benefits, such as medical packages or sports cards, depends on the user employer’s policy and agreements with the agency.

7. Role of Temporary Employment Agencies

Temporary employment agencies play a key role in the employment process, acting as intermediaries between the worker and the user employer.

Agencies’ Obligations Toward Employees

Concluding an Appropriate Contract – In accordance with regulations and agreements with the worker.
Payment of Remuneration – Timely and in full.
Providing Information About Working Conditions – Conveying all necessary information regarding the position and duties.
Ensuring Employment Security – Within their capabilities and in compliance with the law.

Employment Standards and Professional Ethics

Professional agencies are committed to:

Compliance with Legal Regulations – Avoiding unfair practices and abuses.
Transparency – Clear and fair presentation of employment conditions.
Support for Workers – Assisting in resolving issues and advising on workers’ rights.

8. Summary and Conclusions

Temporary workers play an important role in the modern labor market, and their rights are protected by a range of legal provisions. However, it is crucial to:

Be Aware of Your Rights – Knowing the regulations and provisions concerning the form of employment.
Carefully Read Contracts – Before signing, thoroughly understand the terms and, if necessary, consult a specialist.
Communicate with the Agency – In case of doubts or problems, contact the agency, which should provide support.

The flexibility of temporary work brings many benefits but also requires a responsible approach from both the worker and the agency.