Temporary work and the 18-month limit

Three parties instead of two

Temporary work involves three parties: a temporary work agency, the worker, and the company where the worker works. The Act calls this company the user employer. It assigns tasks and checks how they are performed (Art. 2(1) of the Act on the employment of temporary workers).

The employer under the contract is the agency. A temporary worker is a person employed by the agency only to perform work for and under the direction of the user employer (Art. 2(2)). The agency signs the contract, pays the remuneration, and issues the employment certificate, or a certificate of the work period under a civil-law contract (Art. 25a(2)).

The contract with the agency is a fixed-term employment contract (umowa o pracę na czas określony) (Art. 7(1)). The agency may also assign a person to temporary work under a civil-law contract, for example a contract of mandate (umowa zlecenia) (Art. 7(2)). In that case, some provisions of the Act apply accordingly, but the 18-month limit applies in the same way (Art. 25a(1)).

What work can a temporary worker be assigned to

Temporary work covers three types of tasks (Art. 2(3)):

seasonal, periodic, or ad hoc tasks;
tasks that the company's own employees would not be able to complete on time;
tasks of an absent company employee, for example during that employee's leave.

The Act prohibits assigning a temporary worker to particularly dangerous work or to a position held by a person who is on strike (Art. 8(1) and (2)). The worker also cannot be employed to perform the same work as an employee dismissed for reasons not concerning employees within the last 3 months in the same municipality (gmina) (Art. 8(3)).

Limit: 18 months within 36

The agency may assign the same person to one company for a total of no more than 18 months during 36 consecutive months (Art. 20(1) and (2)). The same limit applies to the company: it may use the work of the same person for no more than 18 months within 36 months (Art. 20(3) and (4)).

The limit is calculated for the pair: that person and that company. Moving to another agency does not reset it because the company counts that person's periods of work there. Before signing the contract, the agency determines how long the person has already worked for that company (Art. 11a). The candidate provides employment certificates and, for civil-law contracts, a statement or certificates covering the last 36 months (Art. 11b).

The company keeps a record of people performing temporary work for it, with the start and end dates of work during the 36-month period. It keeps the record for the period during which it is maintained and for the following 36 months (Art. 14a(1)).

Replacement work is different. If a temporary worker performs the tasks of an absent company employee, the worker may work for that company continuously for up to 36 months (Art. 20(5)). The same company may then take the worker on again as a temporary worker only after 36 months (Art. 20(6)).

Exceeding the limit is an offence and concerns both parties. The agency and the company face a fine of PLN 1000 to PLN 30 000 (Art. 27a(5) and Art. 27b(2)(1)).

Contract: what it must contain

Before the agency signs a contract with the worker, it agrees in writing with the company on the type of work, required qualifications, expected period, working time, and place of work (Art. 9(1)). The agency informs the worker in writing of the content of these arrangements before the contract is signed (Art. 11).

The employment contract states the company where you will work, the period of work, the remuneration, and the payment date and method (Art. 13(1)). The contract must be in writing. If this is not done, the agency confirms the terms in writing no later than the second day of work (Art. 13(4)).

Within 7 days of signing the contract, the agency provides you with its address, telephone number, e-mail address, and the days and hours when you can contact it (Art. 13(2a)). The parties may include a short notice period in the contract. For a contract of up to 2 weeks, it is 3 days. For a longer contract, it is 1 week (Art. 13(2)).

A provision in the contract between the agency and the company stating that the company will not employ you directly after temporary work ends is invalid (Art. 12).

Who is responsible for health and safety, working time, and leave

The company where you work provides safe working conditions and records your working time in the same way as for its own employees (Art. 14(2)). It cannot have you work for and under the direction of another entity (Art. 14(2)(3)).

The company is also responsible for work clothing and footwear, protective equipment, drinks and preventive meals, and health and safety training. The company assesses occupational risks, informs you about them, and determines the circumstances of a workplace accident (Art. 9(2a)).

A temporary worker cannot have worse working conditions than the company's employees in the same or a similar position (Art. 15(1)). If the company breaches this rule, the worker may claim compensation from the agency (Art. 16(1)).

Leave amounts to 2 days for each month of being at the disposal of one or more companies (Art. 17(1)). If work for one company lasts 6 months or longer, the company must allow the worker to take leave during that period (Art. 10(2)). For unused leave, the agency pays a cash equivalent (Art. 17(3)).

A foreigner in temporary work

A foreigner in temporary work is employed by the agency, so the agency files the work permit application or the declaration in its own name. The company is also entered as the user employer in the permit or declaration. An agency that assigns foreigners who need a permit or declaration to work must have this service entered in the register. We explain how to check this in the text about checking an agency in the KRAZ register.

Temporary work with us

Our KRAZ registration includes temporary work, including temporary work for foreigners. The division of responsibilities between us and the company and the employee cost calculator are on the employees for companies page. If you are looking for work, see current job offers: for each one, we provide the location, rate, and type of contract.

Questions

Who is my employer: the agency or the company where I work?

The agency. It signs the contract with you and pays your remuneration. The company where you work assigns tasks, provides health and safety, and records your working time (Art. 2 and Art. 14 of the Act on the employment of temporary workers).

Can I continue working for the same company after changing agencies?

Only within the limit. The company may use your work for no more than 18 months during 36 consecutive months, regardless of which agency you come through (Art. 20(3)).

The company wants to hire me directly. Can the agency prohibit this?

No. A provision prohibiting the company from employing a temporary worker after temporary work ends is invalid (Art. 12).

Who pays for work clothing and health and safety training?

The company where you perform the work. It provides work clothing and footwear, protective equipment, and health and safety training (Art. 9(2a)).

Sources

Legal status as of 23.09.2026. The text was prepared by WNR Group sp. z o.o. on the basis of the provisions listed below.

Temporary work: who is the employer and how long can you work for one company