Tuesday, January 24, 2017

The government affects the law of Agency temporary work: pregnant women with the contract, the temporary worker is not on year – Interfax

Market temporary work have grown to gigantic proportions: in 2015, he worked in Poland for almost 6 thousand. employment agencies – from the point of view of their number plasujemy in the European avant-garde. The number of temporary workers is also growing: according to the Polish HR Forum, industrial organization, uniting the largest Agency for temporary employment, in 2010 in Poland temporary workers was 433 thousand UAH. in 2013, 559 ths. and in 2015 708 thousand.

temporary Job, sometimes employers abuse – on flexible contracts for temporary work, with a week notice period, some agencies employ staff during the year. To curb this practice has amended the law on the employment of temporary workers prepared resort work on Tuesday took the Council of Ministers. What will change?

Employee temporarily pregnant, will be under the protection

Until now, the employer could hire a temporary employee for 18 months over the next 36 months. However, recruitment agencies are worried about this recipe – one and the same person was sent to work through different “was today” and for this purpose are multiplied agencies that “temporary” could have been used during the year.

June 1, 2017, when the changes will come into force, the possible period of temporary employment within 18 months within 36 months will act regardless of the number of agencies that direct the employee to work. Employers can not exceed regardless of the type of the signed contract will be regarded as civil contracts, like a contract for temporary work.

during the consultation of laws, amendments to one of the points of disputes between the government, trade unions and employers ‘ organizations was the question of pregnant women. The Confederation of Leviathan, BCC, and Employers of POLAND sharply protested against the plans of the Department of family and work, who wanted to contract employees temporary during pregnancy (after third month) was mandatory extended by the Agency before the birth, that is, until the day that a woman gets entitled to a maternity.

Employers referred to the idea of temporary work – short period of time and argue that agencies will be forced to hire employees that do not work. The government ultimately satisfaction, however, to position the Agency work contract temporary workers in pregnancy needs to be expanded.

Employers have new responsibilities

Amendment introduces a number of small changes: in order to prevent changes of employment contracts staff on temporary, resort doprecyzowuje that the work “temporary” can not be trusted. And so will not be possible to hire them to work for the last three months performed permanent employees who have been laid off by the employer is not their fault.

Employer-user (that is, the employer to whom the Agency sends the temporary workers), will also maintain records of persons performing his job under employment contracts and under contracts of civil law. This decision should facilitate the inspection of the State Labour Inspectorate.

Jun temporary workers will also – as all other employees – to choose the court work competent for consideration of their claims in respect of Agency temporary work.

Companies must have

there Are also changes in the law on employment promotion will take effect from 1 January 2018. Aimed at combating such agencies bushes, which are recorded in virtual offices, and then not govern the obligations and disappear. This will be restored is required to have a room through an Agency because inspectors GIT will not get control natykając on the mailbox in the virtual office.

this marshals of voivodeships will be required every three months to check if the Agency does not lie with the payment of mandatory social insurance for temporary workers, and also have outstanding health insurance payments in Fund of employment, Fund of Guaranteed Benefits, and the Fund of Pensions of Goods.

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