In the light of the changing market demands and meeting them, we have opened a Temporary Work Agency (APT), and PHB Arispol’s certificate has been registered with the Polish APT by the Marshal of the Małopolski Region, as Certificate 10663.
General information and definitions
- 1. The definition of Temporary work – all work, not longer than for 18 months.
- 2. We do not take any fees from the people looking for work.
- 3. All legal APT’s have to be registered with a proper certificate with the Marshal of its local region (all certified APT’s are visible in the following data base www.kraz.praca.gov.pl).
- 4. Lack of such registration, may be proof that the Agency is illegal.
- 5. Temporary work is a new form of employment and in its realization we distinguish three key elements:
- Temporary Work Agency,
- Temporary Employee,
- Employer User.
- In this form we have three key elements, but only two contracts are being signed between:
- APT and Employer User (civil contract)
- APT and Temporary Employee (work contract or civil contract).
There is no contract between the Temporary Employee and the Employer User, although under his command and for him the Employee works.
- Temporary Employees rights are to be found in the following polish database: Dz. Ustaw 2003 nr 166 poz. 1608 with all changes.
- APT’s responsibilities in: Dz. Ustaw 2003 nr 166 poz. 1608 with all changes.
- Employer User responsibilities in: Dz. Ustaw 2003 nr 166 poz. 1608 with all changes.
- In all advertising and offers, the Agency has to state that it’s a „Temporary Work Agency”, and the work as temporary.
- The APT works as following: it provides a contract for the Temporary Employee, what makes it its employer, however the work is being done for another employer at its location, where the Agency delegates the person.
- 12. The contract with the APT is being signed only to enable such a delegation, to the Employer User.
- The Temporary Employee agrees to work for another employer by signing the contract.
- The agency signs the temporary employee, whilst receiving a request from the employer user of its need for such a qualified person.
- The delegation for work is always for a given time (that is why its defined as temporary).
- After the given time is up, the contract is automatically cancelled.
Our offer is directed to:
- The Employer User (hereinafter Employer), who in order to meet seasonal commitments seeks employees for short or mid temporary time periods, for which the agency provides them with such. During this period the Agency takes care of all ZUS and US related issued for the employee together with all documentation,
- Employees, who take to heart ‘’…the best way is to help yourself…” and register themselves with our APT and will provide temporary work for different employers with whom the APT has contracts.
- Meeting internal needs on international markets.
APT’s responsibilities:
The employee signs a temporary work contract or a contract for the time of the work at task with the Agency. In the first case, there can be a clause of early termination, by both parties:
- A three-day termination period, if the contract is not longer than 2 weeks; a one-week termination period if the contract is longer than 2 weeks.
- The contract should be in writing, or the employee must at least receive a written confirmation from the Agency of the scope and duration of the contract, no later than the second day of work.
When looking at the temporary work contract signed with the Agency, there are two differences distinguishing this specific contract from the one mentioned in the polish work code. The main thing is that such a contract signed with a pregnant woman, is not going to be automatically prolonged to the delivery day, even when it ends after the third month. Moreover signing another temporary work contract will not result in a contract for an undefined time, even when the previous two contracts between the parties have been signed for a temporary time, with gaps between not longer than one month.
Before such a contract can be signed, the Agency must inform the Employee, about the key conditions agreed upon with the Employer User. Such as: salary, type and duration of work, qualifications. Moreover the Agency should inform the Employee about dividing between them, the legally necessary training, as well as the costs of potential work related travel, together with the duration of leave of absence.
An important thing to point out is, that upon the present legal regulation, the Agency cannot forbid the employer user from signing a regular contract with the temporary employee after the ‘agency’ based one is concluded. This regulation promotes continual work contracts, what means that the Agency has no legal say in such agreements between those parties.
The Agency has an obligation to provide the employee with a certificate of work, compiling a time frame of work through the agency, upon separate contracts for a period not longer than12 months.
It is also worth mentioning that one can be employed as a Temporary Employee, for a time period not longer than 36 months. In this time the Agency can delegate such an employee to work for one Employer User for a sum of 18 month. However if the temporary employee fulfills the duties of an absent permanent employee, in a continues manner, this time period can be prolonged up to 36 months.
