Magdalena Świtajska: articles by this author
The Act on Posting of Employees for Performance of Services of 10 June 2016, implementing the Posting of Workers Directive (96/71/EC) and the Enforcement Directive (2014/67/EU), imposes a number of obligations on foreign employers posting their employees to Poland which may prove difficult to implement in practice.
Both employers employing staff in Poland at Polish branches, representative offices or affiliated companies and employers employing staff in Poland without any legal presence here may become a party to employment-related litigation, namely a lawsuit brought by an employee or ex-employee before a Polish court.
Properly maintaining and storing payroll documentation may prove highly important even many years after an employee ceases working with the employer.
Temporary stay up to 3 years, application for a stay permit up to the day before the visa expires, and a single permit for stay and work: These are just a few of the advantages introduced by the new Foreigners Act.
Current law does not provide any special regulations for an employer in Poland delegating an employee to perform work abroad, but delegation abroad may be carried out on the basis of the general regulations of employment law.
The Labour Code enables an employer to assign work to an employee differing from the work described in the employment contract without formally amending the contract, but this does not mean boundless discretion to change the employee’s working conditions.