After World War II the typical American housewife from the suburbs had during the day a lot of free time. Accustomed to replace in companies of men fighting on the frontline has decided that it will use these free hours to work part time in the office or services, usually replacing people on leave or absent due to illness. She was not aware that puts his hand to the emergence of market worth billions of dollars in temporary employment agencies and brand new social group – precariat. The idea of ”lending” the employee without formalities associated with employment on a permanent basis and with the possibility of quick relief began to quickly spread. This employment model into Europe as the first nation moved as much anti-American as practical – the French. A nursery strikes and a 35-hour working week spread to the other countries of the Old Continent. Today, all over the world in the form of work for more than 40 million people.
Poland is no exception. Employment agencies have begun to formally apply temporary work since 2004. According to the Ministry of Labour last year offered the service in 1762 with 5157 such entities registered in Poland. It involves directing subordinates to temporarily perform tasks in other companies. People “borrowed” are employees of the agency, but employed to perform tasks on behalf of and under the direction of an employer-user, ie companies’ wypożyczających “for temporary work. The latter in the last year was 14.6 thous., Which is over 600 more than in 2013. In turn, the same number of temporary workers has increased by 140 thousand. (To 699.3 thous.). In order to more accurately visualize, we can assume that at last year’s temporary employment went all the inhabitants of Opole and across the country there are already as many citizens have Lodz. And to be even more – Poland is among those countries where temporary employment is maintained at a level below the European average. We are far from the UK or the Netherlands.
From the perspective of nearly 12 years is not easy to draw up a balance of gains and losses that resulted in the domestic backyard hire workers. For some temporary employment agencies are a hotbed of evil, a symbol of erosion of labor rights and saving the expense of employees. Simply point to the synonyms for the term “temporary”: fragile, casual, seasonal, temporary, momentary. If this is to be characterized by employment growing number of Poles, it is hard to rejoice in. For others, however, the agencies are saviors, through the work gained thousands of unemployed people who have difficulty finding any source of income. And business partners who provide services to meet the needs of thousands of businesses.
All the cars
The beginnings of temporary work with us differ from the American original. The idea of employing “for a while” not born in the office or between the kitchen and living room, but in large production halls of automotive companies. – In these plants is intermittent increased demand for labor resulting from the implementation of production plans. Similar needs also appeared in other industries, such as light industry and food – says Agnieszka Zielinska, head of the Polish HR Forum, the leading association of employment agencies in Poland.
In practice various forms of “borrowing” workers were employed on the Vistula before in 2003, r. it regulates temporary work rules in a separate Act (entered into force on 1 January 2004.). Usually involves civil law contract between two businessmen (Lender and user), which regulated the principle of direct workers to other companies. – Such a requirement is not Polish specificity. This is a global trend resulting, among others, with globalization, the internationalization of companies, relocation of jobs – explains Professor. Elizabeth Kryńska from the University of Lodz, Head of the Department of Employment and Labour Market Institute of Labour and Social Affairs.
In Poland in response to the needs of business was the adoption of the 2003 law. It set the framework in which you can lend employees. She pointed inter alia, that the temporary worker can perform tasks such. Seasonal, periodic, ad hoc, and those whose timely performance by subordinates user employer would not be possible or which should provide a person absent from the company. At the same time prevented such employment, eg. For particularly hazardous, identified the right “verbs” to leave and agreed notice periods of their contracts (you can hire them on a contract of employment for a definite or civil law, for example. Order). The rules also reduced the duration of temporary work (now in the period of 36 consecutive months, the employee may be directed to one company for a period not exceeding a total of 18 months). The same agencies that want to offer such a service, must be entered in the register kept by the voivodship marshal competent for the seat of such entity.
Enshrining it into law quickly began lending employees to bear fruit. They began offering a new service on the market employment agencies, which have so far mostly dealt with through work, conduct recruitment, HR consulting. Already in the first year of the Law entities such hired 167 thousand. directed employees to perform their duties in more than 800 companies. Last year, 1.8 thousand already functioned. agencies providing temporary employment service, which together have signed contracts with 1.9 million people targeted for work in other companies (for one temporary worker przypadały so an average of three agreements, in 2013. was an average of eight agreements). On the market there are always new such entities, but the main role in it played by the big four: Adecco, Randstad, Manpower and Work Service (only the latter company has domestic origins). Polish specificity is that the most temporary workers are hired to work on the production, and not, for instance. Offices or service.
list of complaints
Almost simultaneously with the use of temporary work began to appear on her allegations. One of the most often cited is to contribute to precariousness, which increase job insecurity, which is associated with impoverishment and reduced life chances of all social groups (those who work in precarious conditions, or prekariuszy). The very conditions of temporary employment, ie portability “of the verb” from company to company, their truncated – compared to ordinary employees – powers (including a shorter notice period, other rules for the granting leave, no special protection against dismissal, for example. on grounds of pregnancy, etc..) to make against such activities are addressed allegations of dismantling workers’ rights. Such opinions adds to two issues: excessive use of civil law contracts by a large part of the agency and the handling of temporary ban on long-term employment, which can lead to the phenomenon of “permanent temporary work”. The first allegation is confirmed by statistics – at last year’s civil contracts were employed until 389 thousand. temporary workers (56 per cent .; contracted by 310 thous., which is 44 per cent.).
– Such people do not concern the restrictions of the law, because they are not employees. A basic safety standards should apply to them. In addition, as niepracownicy they are not subject to the supervision of the State Labour Inspectorate – Dr Anna Reda-Ciszewska from the Office Expert “Solidarity”. The actual inspection also draws attention to this problem. With her last year of checks carried out in agencies that a fifth of a civil contract “verb” was included in the conditions in which had to sign a contract of employment. According to inspectors agencies opt for such jobs due to the economy (eg. In the payment of contributions for students).
Crown argument of opponents of temporary work, however, is the second of these allegations, namely the handling time limit such employment. The way to circumvent the rules are simple. With Art. 20 paragraph. 1 of the 2003 Act. That the principle according to which a temporary worker may be employed with the same employer-user by up to 18 months over the next three years, applies only to one agency. In practice, therefore, one company may use the services of the same “verb” for a period longer than 18 months, provided that after the expiration of such period it will no longer “borrow” from another agency. And they can still communicate with each other and exchange their subordinates or themselves create additional agencies daughter (in industry lingo this is called budding). – Moreover, the same law does not provide for sanctions for failure to comply with the limit by the agency. One of the professors specializing in labor law described this as a legalization of pathology – says Reda-Ciszewska.
About how powerless in such cases are temporary workers, argues a recent judgment of the Supreme Court ( April 1, 2015 .; probably the first decision the Supreme Court in this matter). It dealt with the issue of temporary staff who is pregnant, for which the agency has exceeded the 18-month time limit perform their duties with the same employer member. The woman demanded the court to recognize that in relation to that crossing connects it no longer with the agency ordinary employment contract for a definite period (that is, without derogations provided for in the Act on temporary workers). Her claims were eager courts of first and second instance, but the Supreme Court decided otherwise. He stressed that any legislation does not appear that exceed the limit temporary employment resulted in establishing a normal contract of employment (both with the agency, as well as possibly the user employer).
However, not all the charges against both offering and benefiting from temporary work they are properly addressed. Somehow backfire in the market for this service strikes cases controversial outsourcing of Staff (personnel). In short, it consists in the fact that one company (be it employment agency) acquires from another of its employees, and then directs them to work with the current employer. Entrepreneur transferring their existing employees paying agency, but does not have to worry about all obligations related to employment (documentation, rules of exemptions, etc.). This action on the fringes of the law, but simply are not prohibited, because no provision sets out, on what basis is to take place such outsourcing. But this is not the temporary employment service provided and regulated in the Act of 2003. Despite the publicity and arousing controversy outsourcing cases are connected with this form of employment. That happened, for example. With the case TVP, which provided more than 400 employees to an outside company LeasingTeam (it offers a classic temporary work). Workers have already submitted a claim for a declaration of nullity of the contract between the two entities. The big echoed also a matter of four rogue agencies (including the Netherlands and the Royal Centre), which under agreements with approximately 350 employers took over 14 thousand. persons employed so far in these companies and then “borrowed” them the same entrepreneurs. The problem is that they do not have paid for the acquired person social security contributions. The practice – on a different scale – lasted from 2006 to 2013. Today ZUS demanding arrears from employers who have given their employees to the agency.
There are pros
If at this point complete balance of the agencies, you would need to forge a conclusion that temporary work as soon as possible ban. Assessment of the entities that it offers, it is not so simple. First question can be the same scale infringements which they protested. – Such is the case of an alleged failure to comply with the 18-month limit. With last year’s labor ministry data shows that as many as 403 thousand. from 699 thousand. people involved in jobs temporary for a period not longer than three months, and another 240 thousand. – From 3 to 12 months. The vast minority, because 56 thousand. people, or only 8 per cent., wykonywało such obligations over 12 months. Even if for some persons from among 8 percent. the total exceeded limits, it certainly can not be said that such events are the norm. It infrequent cases – notes Agnieszka Zielinska.
One can not fail to mention the positive effects of the agency. – The easiest way is to say: zdelegalizujmy temporary work and problem solved. We can not forget that the agencies now play a vital role in professional activation. They take people who – if only because of lower qualifications – they have trouble finding any work. As a result, not a bunch of unemployed increases – explains Professor. Elizabeth Kryńska.
Among the 1.9 million temporary employment contracts last year, most (up to 676 thous.) Concluded with those doing simple tasks (including with workers performing simple tasks in industry ), magazynierami (175 thous.), pakowaczami (119 thous.), sterowniczymi industrial processes (98 percent.), operators of machinery and equipment (86 thous.) and laborers who work at the transhipment of goods (74 thous.). It is often forgotten that it was thanks to agencies created such new jobs. – The research EURES, the European Job Mobility Portal, that if employers could not use temporary work, only 26 per cent. alone would create a position currently occupied by a person from the agency. The remaining 74 percent. would seek to solve the problem in a different way, for example. by offering overtime already employed. These data indicate that no temporary work would not exist many new jobs – explains Agnieszka Zielinska.
emphasizes that fair for the agency there are also allegations of poor remuneration “verbs” in comparison with other employees. – Persons performing duties in such form are often less qualified than employees on a permanent basis. They were also not entitled to allowances for seniority. Besides, you have to remember that the agencies are not yet fully aware as to how wages are shaped permanent workers at the employer’s – he added.
You can not forget that the benefits of temporary work derive not only the employer, but also consumers, which in practice each of us. – Thanks to reduced production costs, and therefore the prices of goods. I talked about it with the head of the great Italian company. He admitted that had it not been temporary work, would have a problem with running, he could not afford to employ people on a permanent basis – said prof. Elizabeth Kryńska.
explains that this is the specificity of our time. – For years, easing are relationships between employers and employees, as a result of global trends to assess the work through the prism of cost. The growing popularity of temporary employment is just one of the consequences of this phenomenon, as well as the increase in employment on the basis of civil contracts or fixed-term contracts. Assessing the impact of temporary work on conditions of employment, we must remember that it is secondary to what is happening in the market. It is not temporary employment agencies contribute to the flexibility of employment. The opposite is true – this need for flexibility has led to the creation of such entities – adds the professor.
The impact of the Agency on the shaping of the current labor market does not overestimate their most important adversaries: the trade unions. – Temporary work in Poland is not as popular as such. In Western European countries and have resulted in a radical way to our jobs, because the Labour Code provides for very liberal conditions of employment of employees on a temporary basis. Since it is possible on this basis employ a person for many years and at any time to pronounce its contract with two weeks’ notice and without giving any reason, in practice, the company does not have to pay the agencies, because her ordinary workers can properly carry out their duties on a provisional basis – Dr Anna Reda- Ciszewska.
This, however, will soon change. Most likely in the first quarter of 2016. Will come into force provisions which limit the possibility of hiring workers under temporary contracts. Will be introduced 36-month limit on fixed (with a three-month trial period). If the company will continue employment after this period, it will be a perpetual work on the contract. – Since it will be harder to recruit for a specified period, the more companies may be interested in just temporary work. Therefore, we should depend on the removal of pathology in the current rules of the agency. We do not want to abolish this form of work, because the law allows it and the EU, and the International Labour Organisation, but its domestication – expert explains the “Solidarity”.
The occasion was a meeting on changes in temporary employment, which at the turn of 2014 and 2015. held under the auspices of the Ministry of Labour. In addition to representatives of the Ministry they participated in them representatives of agencies, trade unions and the National Labor Inspectorate. Everyone presented their recommendations change. PIP has proposed, among others, the introduction of rules that limit the period of performance of the duties of one’s employer also applies when a person is directed to the same company by another temporary employment agency. “Solidarity” recalled his own draft amendment of the 2003 Act., Prepared even in 2012. It provides, inter alia, that in case of exceeding the 18-month limit employment with one employer member connects both sides of the agreement for an indefinite period. Interestingly, some of the union demands coincide with those reported by agencies. It is eg. The need to provide financial guarantees (eg. In the form of a bank deposit) for registration of agencies in order to demonstrate that it is unthreatened payment of benefits for temporary workers.
– For similar reasons, You should also think about restoring the requirement to have premises by such entities and the introduction of the principle that the obligatory annual information on its activities to the agencies must attach a certificate of non-payment of premiums and taxes. It would reduce cases of fraudulent activity – indicates Agnieszka Zielinska.
compounds propose even deeper changes. – As are governed by the rules of temporary work, why not be standardized regulations personnel outsourcing – Dr Anna Reda-Ciszewska.
Although the page talks on a temporary employment is still much divided, it is not often it happens to everybody agreed even at the same need for change. The government could use it. If during the election campaign so much talk about the need to improve working conditions in Poland, you can not forget about the “verbs”. This too are the staff.
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