In Polish law, temporary employment is regulated by the Act of July 9, 2003 on the Employment of Temporary Employeesów. It defines the rights of a temporary employee to fair treatment in terms of working conditionsówages, vacation, as well as the terms of termination. The contract is concluded by the temporary employment agency with the temporary employee, whoóry under the contract is directed to work for the user employer. What are the characteristics of a temporary employment contract?
Temporary employment – type of contract
The temporary employment contract is the basis for establishing an employment relationship between the agency and the temporary employee. Most often it is concluded for a specific period of time, which means that from góry is specified in the contract the period during which the employment relationship is in force, and after this time the contract terminates automatically. The second option for concluding a temporary employment contract is to conclude it for the duration of the required dutiesów. Thus, it will be either a contract for a period of, say, 3 months, or a contract for the harvestór of seasonal fruits or the performance of repairs to installations in a building, etc. How, then, is the termination of a temporary employment contract in both of these cases?
Termination of temporary employment contract — what period applies to the agency and what period applies to the temporary employee?
There are times when a temporary employment contract will need to be terminated for some reason. The aforementioned Law on the Employment of Temporary Employeesós provides for two notice periods for both parties. In the case of the first, it will be three days, and this applies to contractsów concluded for a period not exceeding 2 weeks. In the second case, it will be a week's notice period and it applies to contractsów signed for more than 2 weeks. However, these periods apply only to contractsów concluded for a fixed term. If the contract is concluded for the performance of a specific job, then no statutory notice period applies. Importantly, in the event of illness, if there is a clause in the contract about the temporary nature of the work, the contract expires at the time of illness. At that time, sickness benefits can be obtained from the relevant authority. If there is no such clause in the contract, the agency cannot terminate the contract and is obliged to pay sick pay.