If you engage temporary agency workers in Poland for your clients, you are required to have a licence. As set out in the Polish Act of 20 April 2004 on the Promotion of Employment and on Labour Market Institutions, the provision of temporary agency workers to third parties is a regulated activity.
So, you must:
Be registered with the Polish Register of Employment Agencies (‘KRAZ’)
Obtain an Employment Agency Certificate.
Failure to do so is an offence, and may result in:
A fine of between PLN 3,000 to PLN 100,000 (approximately 660 USD to 22,000 USD)
Your business (and potentially the group) being banned from operating in Poland as a temporary worker agency for at least three (3) years.
Even if a ban is not issued, the company would have to cease operations and terminate all workers until a licence is obtained.
But there is good news! It is not as hard to get a licence in Poland as it is in some other EU countries:
A substantial deposit/insurance to cover employment rights obligations is not required.
It is unnecessary to prove sufficient financial resources.
The application can be submitted in electronic format.
The fee for registration is also very low – PLN 200 (approximately 45 USD).
It is required by law, however, that an employment agency must have a local physical office to operate, and not just a virtual office.
An agency can have a registered address in a virtual office, as long as it also has physical premises where services are provided in Poland.
The process to get a certificate is estimated to last between three to nine months.
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