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					ACT of 9 July 2003 on the Employment of Temporary Workers Chapter I General Provisions Article 1. This Act lays down the rules for employing temporary workers by an employer who is a temporary work agency and the rules for posting such workers and persons other than temporary agency workers to perform temporary work for a user employer. Article 2. For the purposes of this Act: 1) ”User employer” means a user employer within the meaning of the Act of 14 December 1994 on employment and counteracting unemployment (Journal of Laws of 2003, No. 58, item 514 and No. 90, item 844); 2) ”Temporary worker” means a worker employed by a temporary work agency exclusively for the purposes of performing temporary work for and under the management of the user employer; 3) ”Temporary work” means the performance of the following tasks for a given user employer for a term that is not longer than specified in the Act: a) seasonal, periodic, or ad hoc tasks; or b) tasks whose timely performance by the workers of the user employer would not be possible; or c) tasks normally falling within the ambit of an absent worker employed by the user employer. Article 3. 1. The user employer may not be an employer who has terminated employment relationships with his workers within the six months prior to the expected commencement of the performance of temporary work by the temporary worker or has terminated the same by mutual agreement for reasons not attributable to the workers, if the number of the workers dismissed for such reasons corresponds to the number specified in Article 1 of the Act of 13 March 2003 on the detailed rules for terminating employment relationships with workers for reasons not attributable to the workers (Journal of Laws No. 90, item 844). 2. The user employer to whom the provision set forth in paragraph 1 does not apply shall be obliged to submit a written statement to that effect to the temporary work agency not later than the date of agreeing the terms set forth in Article 9, paragraph 1. Article 4. An employer may not act as a user employer with respect to workers employed by him under a contract of employment.

2 Article 5. Unless provided otherwise by the Act and by special provisions, the provisions of labour law concerning the employer and the employee shall apply, subject to Article 6, to the temporary work agency, the temporary worker, and the user employer. Article 6. Temporary workers shall not be subject to the provisions of the Act of 13 March 2003 on the detailed rules for terminating employment relationships with workers for reasons not attributable to the workers . Chapter II Rules for Employing and Posting Temporary Workers to Perform Temporary Work Article 7. The temporary work agency shall employ temporary workers on the basis of an employment contract for a fixed term or for the duration of the performance of specified work. Article 8. The temporary worker may not be entrusted with the performance of work for the user employer: 1) which is particularly dangerous within the meaning of the provisions issued under Article 23715 of the Labour Code; 2) in a position occupied by the user employer’s worker during his participation in a strike; 3) in a position occupied in the three months prior to the expected commencement of temporary work by the temporary worker by the user employer’s worker whose employment was terminated for reasons not attributable to the workers. Article 9. 1. For an employment contract to be concluded between a temporary work agency and a temporary worker, the user employer shall agree the following terms with the agency in writing: 1) The type of work to be entrusted to the temporary worker; 2) The qualifications required for the performance of the work to be entrusted to the temporary worker; 3) The anticipated period of temporary work; 4) The working hours of the temporary worker; 5) The place of temporary work. 2. The user employer shall inform the temporary work agency in writing about: 1) The pay for the work to be entrusted to the temporary worker, as stipulated by the pay regulations in force at the user employer’s enterprise; 2) The occupational health and safety conditions for performing the temporary work. 3. Before an employment contract is concluded between the temporary work agency and the temporary worker, the temporary work agency and the user employer shall agree the following in writing:

3 1) the extent of information regarding the performance of the temporary work that influences the level of pay for the temporary worker’s work, as well as the method and deadlines for submitting such information to the temporary work agency for the purposes of correct calculation of the worker’s pay; 2) the extent to which the user employer assumes the obligations of the employer with respect to occupational health and safety, in particular, by providing the temporary worker with working clothes and footwear, personal protection equipment, and drinks and preventive meals, as well as by providing occupational health and safety training, establishing the circumstances and causes of accidents at work, and assessing and disclosing occupational risk; 3) the extent to which the user employer assumes the obligations of the employer with respect to payments to cover business travel expenses.. Article 10. 1. The temporary work agency and the user employer may agree that the temporary worker uses his vacation leave entitlement in whole or in part during the period in which he performs temporary work for the user employer, setting also the terms for granting such vacation leave. 2. In the event that the period of work for a given user employer is six months or more than six months, the user employer shall be obliged to allow the temporary worker to take vacation leave during the period by granting time off to the worker based on his vacation leave entitlement and on the dates agreed with the worker. Article 11. The temporary work agency shall notify the person to whom the performance of temporary work is to be entrusted about the terms set forth in articles 9 and 10 before concluding an employment contract with that person. Article 12. An arrangement between the temporary work agency and the user employer to the effect that the temporary worker is not to be employed by the user employer after the completion of temporary work shall be invalid. Article 13. 1. An employment contract concluded between the temporary work agency and the temporary worker shall define the parties to the contract, the type and date of contract, as well as specify the user employer and the agreed period in which temporary work is to be performed for him. The contract shall also lay down the terms of employment for the temporary worker during the period of work for the user employer, in particular: 1) the terms specified in Article 9, paragraph 1, subparagraphs 1, 4, and 5; 2) the pay for work, as well as the date and method of payment by the temporary work agency. 2. In an employment contract concluded for a fixed term, the parties may envisage the possibility of early termination of the contract by either of the parties giving: 1) three days’ notice if the employment contract has been concluded for a period that does not exceed 2 weeks; 2) one week’s notice if the employment contract has been concluded for a period of more than 2 weeks. 3. The employment contract concluded with a temporary worker shall not be subject to Article 177, paragraph 3 of the Labour Code.

4 4. The employment contract is concluded in writing. In the event that the employment contract is not concluded in writing, the temporary work agency shall provide written confirmation to the temporary worker of the type of employment contract that has been concluded and its terms not later than the second day of temporary work. Article 14. 1. The user employer shall perform the duties and enjoy the rights of an employer to the extent necessary to organise work with the participation of the temporary worker. 2. The user employer shall: 1) be obliged to provide the temporary worker with safe and healthy working conditions at the place assigned for the performance of temporary work; 2) keep records of the temporary worker’s working time to the extent and on the terms applicable to his own workers; 3) not apply the provision of Article 42, paragraph 4 of the Labour Code or entrust him with work for and under the management of another entity. Article 15. 1. During the period of employment with the user employer, the worker may not be treated less favourably as regards the working conditions and other employment conditions than the user employer’s workers employed in the same or similar position. 2. With respect to access to training organised by the user employer to improve worker qualifications, the provision of paragraph 1 shall not apply to temporary workers performing work for the user employer for a period shorter than six weeks. Article 16. 1. The temporary worker with respect to whom the user employer has violated the principle of equal treatment regarding the conditions specified in Article 15 shall be entitled to seek damages from the temporary work agency in the amount stipulated by the provisions of the Labour Code on damages due to the worker from the employer for the violation of the principle of equal treatment of workers in an employment relationship. 2. The temporary work agency shall have the right to seek reimbursement by the user employer for the equivalent of the damages paid to the temporary worker. Article 17. 1. The temporary worker shall be entitled to two days of vacation leave for each month of being at the disposal of one or more than one user employer; the worker shall not be entitled to vacation leave for the period for which he used his vacation leave entitlement under special provisions while with the previous employer. 2. The temporary worker shall be granted vacation leave on days that would normally be working days for that worker if he did not use such leave. In the case specified in Article 10, paragraph 2, the temporary worker shall be subject to the provisions of Article 1672 of the Labour Code. 3. In the event that the temporary worker has not used his vacation leave entitlement during the period in which he performs temporary work, the temporary work agency shall pay the temporary worker a cash equivalent in lieu of such leave or any unused part thereof.

5 4. Pay or a cash equivalent for one day of vacation leave shall be determined by dividing the pay earned by the temporary worker during the period of temporary work by the number of days worked to earn the pay. Article 18. 1. An employment contract concluded with the temporary worker shall be terminated upon the expiry of the period of temporary work for a given user employer, subject to Article 13, paragraph 2. 2. The user employer who intends to terminate the performance of work by the temporary worker before the expiry of the term of temporary work as agreed with the temporary work agency shall notify the temporary work agency in writing of the expected date of termination in advance, if possible, observing the period of notice that is binding upon the parties under the contract of employment. 3. In the event of the actual cessation of the performance of temporary work by the temporary worker for the user employer due to the worker’s failure to report to work without providing the reasons for his absence or the worker’s refusal to continue to perform temporary work for the user employer, the user employer shall immediately notify the temporary work agency about the date and the circumstances of the cessation of work by the temporary worker. Article 19. 1. The temporary work agency shall be obliged to redress the damage caused to the user employer by the temporary worker while performing temporary work on the terms and within the limits that are binding upon the worker in accordance with the provisions on the financial liability of the worker. 2. The temporary work agency shall have the right to seek reimbursement by the temporary worker for the equivalent of the damages paid to the user employer. Article 20. 1. Over a period of thirty-six successive months, the total period of temporary work performed by the temporary worker for a single user employer may not exceed twelve months. 2. If the temporary worker performs temporary work for a given user employer in a continuous manner and his work includes tasks that fall within the ambit of an absent worker of the user employer, the period of temporary work may not exceed thirty-six months. 3. After the period of temporary work referred to in paragraph 2, performed for a given user employer, the temporary worker may be posted to the same user employer to perform temporary work not earlier than after thirty-six months. Article 21. Fixed-term contracts of employment concluded between the temporary work agency and the temporary worker shall not be subject to Article 251 of the Labour Code. Article 22. During the period of temporary work for the user employer, the temporary worker shall have the right to use the social facilities of the user employer on the terms applicable to workers employed by such the user employer. Article 23. 1. The user employer shall be obliged to inform the representative trade union organisation as defined in Article 24125a of the Labour Code about his intention to

6 entrust the performance of temporary work to a temporary agency worker. However, the user employer who intends to entrust the performance of work to a temporary agency worker for a period of more than six months shall be obliged to take steps to agree such intention with the representative trade union organisations. 2. The user employer shall be obliged to pass the information specified in Article 9, paragraph 1 to the trade union organisations referred to in paragraph 1. The user employer and the trade union organisations may agree on a wider scope of information to be presented to the trade union organisations. 3. The user employer shall be obliged to inform temporary workers in a manner accepted at the user employer’s enterprise about vacancies that he intends to fill. Article 24. A temporary worker’s claims shall be heard by the labour court with jurisdiction over the registered office of the temporary work agency that employs the worker. Article 25. Where not provided for herein, the rights and duties of the user employer and the temporary work agency shall be governed by contract. Chapter III Posting of Persons Other than Temporary Agency Workers to Perform Temporary Work Article 26. 1. The provisions of the Labour Code on the employment of youth workers for purposes other than learning a trade shall apply, as appropriate, to students aged 16 to 18 years old posted to perform temporary work under a civil law contract. 2. The provisions of Article 8, Article 9, paragraph 1, and Article 23 shall apply, as appropriate, to persons posted to perform temporary work under a civil law contract.

Chapter IV Penal Provisions Article 27. 1. Any party, being a user employer or acting on behalf of a user employer, fails to provide the temporary worker with safe and hygienic working conditions at the place assigned for the performance of temporary work or fails to equip the temporary worker’s workplace with machines and other technical equipment meeting conformity requirements shall be subject to a fine. 2. The same penalty shall apply to one who, being a user employer or acting on behalf of a user employer, fails to fulfil the duties of the employer as agreed with the temporary work agency by failing, among other things, to: 1) provide working clothes and footwear and personal protective equipment; 2) provide drinks and preventive meals; 3) provide training to the temporary worker on occupational health and safety before allowing him to work as well as on a periodical basis;

7 4) define the circumstances and reasons for an accident at work suffered by the temporary worker; 5) inform the temporary worker about the occupational risk associated with work performed or about the rules of protection against the risks at work; 6) perform other duties as agreed with the temporary work agency related to the performance of temporary work by the temporary worker. Article 28. Rulings on the violations referred to in Article 27 shall be made on the basis of a proposal from a labour inspector in the manner laid down in the Code of Procedure for Petty Offences.

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Chapter V Adjusting and Final Provisions Article 29. Article 2983 of the Act of 26 June 1974 – The Labour Code (Journal of Laws of 1998, No. 21, item 94, as amended)1) is hereby repealed. Article 30. The Act of 26 July 1991 on personal income tax (Journal of Laws of 2000, No. 14, item 176, as amended)2) is hereby amended by adding paragraph 1a after Article 21, paragraph 1, reading as follows: "1a. The income of temporary workers, within the meaning of special provisions, received from the user employer shall be subject to paragraph 1, subparagraphs 11, 13, and 16.” Article 31. Article 37, paragraph 4 in the Act of 14 December 1994 on employment and counteracting unemployment (Journal of Laws of 2003, No. 58, item 514 and No. 90, item 844) shall read as follows: "4. The service of hiring workers for posting to a user employer, who may be an employer or an entity that is not an employer within the meaning of the Labour Code, shall be performed exclusively by temporary employment agencies. The user employer shall assign tasks to the temporary agency worker and shall control their performance.” Article 32. The provision of Article 21 shall apply from the date of the Republic of Poland’s accession to the European Union. Article 33. This Act shall enter into force on 1 January 2004. ______ 1) The amendments to the consolidated text of the Act were announced in the Journal of Laws of 1998, No. 106, item 668 and No. 113, item 717, of 1999, No. 99, item 1152, of 2000 No. 19, item 239, No. 43, item 489, No. 107, item 1127 and No. 120, item 1268, of 2001 No. 11, item 84, No. 28, item 301, No. 52, item 538, No. 99, item 1075, No. 111, item 1194, No. 123, item 1354, No. 128, item 1405 and No. 154, item 1805 and of 2002, No. 74, item 676, No. 135, item 1146, No. 199, item 1673 and No. 200, item 1679. 2) The amendments to the consolidated text of the Act were announced in the Journal of Laws of 2000 No. 22, item 270, No. 60, item 703, No. 70, item 816, No. 104, item 1104, No. 117, item 1228 and No. 122, item 1324, of 2001, No. 4, item 27, No. 8, item 64, No. 52, item 539, No. 73, item 764, No. 74, item 784, No. 88, item 961, No. 89, item 968, No. 102, item 1117, No. 106, item 1150, No. 110, item 1190, No. 125, items 1363 and 1370 and No. 134, item 1509, of 2002, No. 19, item 199, No. 25, item 253, No. 74, item 676, No. 78, item 715, No. 89, item 804, No. 135, item 1146, No. 141, item 1182, No. 169, item 1384, No. 181, item 1515, No. 200, item 1679 and No. 240, item 2058, and of 2003, No. 7, item 79, No. 45, item 391, No. 65, item 595, No. 84, item 774, No. 90, item 844 and No. 96, item 874.