Whether you are already working in Poland through an employment agency or just planning to do so, understanding the legal framework is crucial for your security. The operations of Temporary Employment Agencies (TEA) in Poland are regulated by the Act of July 9, 2003, on the Employment of Temporary Workers.
As of June 1, 2025, new regulations have tightened the rules regarding the employment of foreigners and agency inspections. Below is the essential information for 2026.
Key Regulations and Rights (Status for 2026)
- Equal Treatment: You have the right to the same working conditions and pay as permanent employees performing the same role at the User Employer.
- Time Limits: You can work for one specific User Employer for a maximum of 18 months within a 36-month period.
- Types of Contracts: Agencies hire workers based on a fixed-term employment contract, a contract for a specific task, or civil law contracts (e.g., umowa zlecenie).
- Paid Leave: You are entitled to 2 days of vacation for every month of work.
- Legal Registration: Every legal agency must be entered into the National Register of Employment Agencies (KRAZ).
- Post-2025 Changes: Strict controls are now in place. Agencies violating the law face a two-year ban and fines of up to 100,000 PLN for illegal employment.
How to Verify if a Polish Employment Agency is Legal
Before signing any documents and start working in Poland through an employment agency, ensure the agency is operating legally.
- Visit the official government portal: KRAZ Register.
- Enter the agency’s name or NIP (Tax ID).
- Need help? You can also contact us for verification assistance.
What is a “User Employer”?
In the temporary work system, the User Employer is the company or institution where you actually perform your daily tasks, even though your contract is with the Agency.
Simple Explanation: The agency is your “paper” employer (they pay your salary and taxes), while the User Employer is your actual boss at the office or factory.
Responsibilities of the User Employer:
- Management: They assign your tasks, set your schedule, and supervise your work.
- Safety: They must provide Health and Safety (BHP) training, work clothing, and a safe environment.
- Record Keeping: They track your working hours so the agency knows exactly how much to pay you.
- Legal Relationship: You do not sign a contract with them—your legal bond is only with the Agency. This is known as the “Employment Triangle.”
Understanding the 18-Month Work Limit
By law, the 18-month limit is the maximum total time you can work for one specific User Employer within a rolling 36-month window.
The Rules of the 18/36 Limit:
- The 18/36 Rule: In any 3-year period, you can work for one company for a total of 1.5 years.
- Changing Agencies Doesn’t Help: You cannot bypass this rule by switching to a different agency to work at the same company. The limit follows the User Employer, not the agency.
- Contract Type Doesn’t Matter: The limit applies whether you are on an employment contract (umowa o pracę) or a civil law contract (umowa zlecenie).
- The Substitution Exception: If you are replacing an absent permanent employee (e.g., on maternity leave), you can work for up to 36 months continuously.
- Returning After a Break: To work for the same company again after hitting the limit, you must have a break of at least 18 months.
- New Employer: Once the 18 months are up, your agency can immediately send you to a different company, where the 18-month counter starts from zero.
Why does this rule exist? It prevents companies from using temporary staff for years instead of offering them permanent positions. Exceeding this limit subjects the User Employer to heavy financial penalties.
Do you have questions about your contract/legas status?
If you’re unsure about your legal status or contract in Poland, always consult the official KRAZ register or seek professional legal advice.
