New secondment procedures now in effect
26 Jul 16
IMPACT – MEDIUM
What is the change? Poland has adopted legislation that imposes new notification and documentation requirements on foreign companies sending employees to work in Poland.
What does the change mean? Affected companies are now required to notify Poland’s National Labour Inspectorate of the secondment of any employees (whether they are EU nationals, non-EU nationals or even Polish nationals) no later than their start dates. Companies must also provide notification of change to the inspectorate within seven days of a change in the employee’s status in Poland or at the company. For secondees in Poland whose applications were pending as of June 18, notification must be provided before Sept. 18 in order to avoid penalties. Finally, companies also must adhere to new documentation requirements, including keeping documents relating to the secondment in Poland and available for inspection upon request by Polish authorities.
- Implementation time frame:The new requirement took effect June 18.
- Who is affected: Foreign companies sending employees to work in Poland.
- Business impact:The changes add administrative steps and document retention requirements to the process of sending employees to work in Poland.
- Next steps:Affected businesses should become familiar with the new rules and be sure they are in compliance with all new requirements.
Background: The changes were adopted to move Poland into compliance with Directive 2014/67/EU of the European Parliament. Under the law’s notification provisions, sending companies can provide notice of secondment to the Labour Inspectorate either electronically or via a hard-copy form.
BAL Analysis: Affected employers should make sure they follow Poland’s new secondment procedures and documentation requirements. Contact your BAL professional with any questions about the changes or steps required to stay in compliance.
This alert has been provided by the BAL Global Practice group and our network provider located in Poland. For additional information, please contact your BAL attorney.
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