Deadline approaching on requirement for seconded employees

IMPACT – MEDIUM

What is the change? Foreign companies are reminded that Sept. 18 is the deadline for providing notice to the Polish government of the presence of any workers in Poland who were seconded before June 18 and whose secondment remained valid as of that date. Companies must also gather documents related to the secondment by the Sept. 18 deadline, including work contracts and documents confirming hours and pay.

What does the change mean? The requirement is one of a number of measures in a recently passed law that also requires companies to: notify Poland’s National Labour Inspectorate of the secondment of any employees (whether they are EU nationals, non-EU nationals or Polish nationals) no later than their start dates; provide notification of change to the inspectorate within seven days of a change in the employee’s status in Poland or at the company; and adhere to new documentation requirements, including keeping documents relating to the secondment in Poland and making them available for inspection upon request by Polish authorities. Companies have until Sept. 18 to satisfy the law’s requirements for workers seconded before June 18, provided the secondment remained valid on that date.

• Implementation time frame: Now until Sept. 18.
• Who is affected: Foreign companies sending employees to Poland or that sent employees to work in Poland before June 18.
• Business impact: The new law adds administrative requirements for companies sending employees to Poland or companies that sent employees to work in Poland before June 18.
• Next steps: Affected companies should provide notice of seconded employees, as required by law, as soon as possible.

Background: As BAL reported last month, the secondment requirements were adopted to move Poland into compliance with Directive 2014/67/EU of the European Parliament. The law contains, among other provisions, a requirement that a company must provide notice by Sept. 18 of any secondment that remained valid on June 18. Additionally, documents related to the secondment must be gathered and made available if they are requested for inspection.

BAL Analysis: Affected companies should be sure to provide the required notice as soon as possible and no later than Sept. 18. Contact your BAL professional with any questions about the changes or steps required to stay in compliance with the new law.

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.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.