In a rapidly changing legal environment, temporary employment agencies (TEAs) in Poland are facing new challenges, especially in the context of regulations concerning the employment of foreigners. On 1 June 2025, the Act on employment promotion and labour market institutions ceased to be in force. It was replaced by a new Act on the labour market and employment services – part of this act refers to employment agencies.
The amendment to the regulations seeks to protect the labour market against abuses involving the illegal provision of services related to referring foreigners to work in Poland. The aim is, in particular, to limit the possibility of providing workers within the framework of so-called employee outsourcing. Before the new law came into force, entities engaged in the provision of workers have circumvented the regulations on temporary workers and the regulations on temporary employment agencies. Such activities have repeatedly led to serious violations of the rights of foreign workers.
What changes concerning temporary employment agencies have been introduced?
1) Digitisation of procedures – an application for entry in the register of employment agencies must be submitted in electronic form using a dedicated system.
2) Two-year grace period:
a) New temporary employment agencies: from 1 June 2025, the provision of employment agency and temporary work services is only possible two years after entry in the employment agency register. This means that new entities must wait two years before they can provide services to foreigners who require a work permit or a declaration of employment. During this time, entities operating as employment agencies may only employ Polish and EU citizens, as well as foreigners who are not required to obtain a work permit.
b) Existing temporary employment agencies: The legislator has provided for a preferential solution for entities which, prior to 1 June 2025, operated temporary employment agencies and are entered in the register. They may continue their activities without meeting the two-year experience requirement, provided that within three months of the entry into force of the Act, i.e. by 31 August 2025, they submit an application for a change of entry and pay the fee.
3) Sanctions for failure to register – operating a temporary employment agency without the required entry in the employment agency register is subject to a fine of between PLN 3,000 and PLN 100,000.
4) A mandatory premises in Poland – temporary employment agencies are required to have premises in the territory of the Republic of Poland where services are provided, designated as an employment agency office, where the employment agency ensures direct contact with agency representatives. The premises should store documents related to the provision of employment agency services and temporary work by employment agencies.
5) Verification of arrears – every quarter, provincial marshals use dedicated systems to check whether temporary employment agencies are up to date with their social security, health insurance and other fund contributions.
The aforementioned changes introduce significant modifications to the functioning of employment agencies and require them to adapt to the new realities.
For further information on this topic please contact Paweł Sikora at KKG Legal by telephone (+48 22 206 83 00) or email (pawel.sikora@kkg.pl).