At present, the parliament is working on amending the regulations pertaining to posting employees, and to extend the powers of the State Labour Inspectorate (PIP). The new regulations are to implement Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC on posting employees in the framework of the provision of services. The deadline for its implementation elapsed on 30 July 2020. 

PIP’s broader powers will pertain to posting employees, both when sending employees to and from Poland.

The new regulations greatly emphasize efforts to squash fraud or abuse related to posting employees. For this reason, PIP’s powers will be extended. PIP’s collaboration with foreign institutions will be extended to include counteracting such practices and responding to instances of illegal posting activity.

In addition, PIP will have the right to request information about an employee being posted from Poland to some other European Union member state not just in response to a motion submitted by foreign institutions, but also at its own initiative. PIP will be able to undertake such measures if there is a suspicion of a violation of the laws of the member state to which an employee from Poland is posted.

The consequence of PIP ascertaining irregularities in the posting of an employee in Poland will be the obligation of applying the governing law unless this would lead to the employee being subject to conditions of employment less favourable than the ones that are applicable to employees posted to Poland.

More in the HR law newsletter - PRO HR August 2020.