Will the temporary work agency take care of everything? 5 contract provisions that can protect your company from costly mistakes

Workers ready to start, documents prepared, formalities handled by the agency. Assurances like these can convince a business owner who urgently needs extra people on the team. The problem is that signing a contract with an agency does not release the company from all of its obligations. For errors in working time records, exceeding temporary work limits or irregularities in work organisation, the business using the service may also be held liable. The Gremi Personal Analytical Center points to five areas worth checking before cooperation begins.

The price of the service, the number of available workers and their start date are usually the first issues discussed when choosing an agency. In production, logistics or warehousing, where staffing sometimes has to be topped up at short notice, efficient recruitment matters a great deal. It should not, however, overshadow the terms of the cooperation itself.

In temporary work, some obligations rest with the agency and some directly with the business that uses the workers’ labour. Some arise directly from the law and cannot be shifted to the other party by a contract clause alone. That is why, before signing, it is worth examining five areas.

1. Occupational safety – does the contract clearly define the obligations of the company and the agency?

A temporary work agency is the formal employer, but it is the user employer that is responsible for ensuring safe and hygienic conditions at the place where the work is performed. This includes, among other things, equipping the workstation and providing the required personal protective equipment.

Before cooperation begins, it should be agreed how obligations relating to occupational health and safety (BHP) training, medical examinations and preparing the worker for specific tasks will be carried out. Workstation instruction that takes into account the hazards present at the given site is particularly important. If an accident occurs, what will matter is not only who formally employs the worker, but also whether working conditions were adequate and whether each party fulfilled its obligations.

2. Working time records – do the hours on the invoice correspond to the work actually done?

For temporary workers employed under an employment contract, the obligation to keep working time records rests with the user employer. These data are important both for calculating pay correctly and for settlements with the agency.

It is worth establishing how hours worked are recorded, who approves the data and how it is passed to the agency. This also applies to overtime, night work and work on days off. Discrepancies between schedules, entry and exit registration systems and the documentation submitted for settlement can lead to disputes and the need to correct amounts due. The rules for circulating and verifying data should be set out before cooperation begins.

3. The 18-month limit – does changing agency mean a temporary worker’s time starts counting from zero?

As a rule, one person may perform temporary work for the same user employer for a maximum of 18 months within a period covering 36 consecutive months. The act provides a special arrangement for work performed as a replacement for an absent employee.

Importantly, changing agency does not reset the limit already used. If the worker was previously assigned to the same company by another supplier, those periods must be taken into account when determining the permissible working time.

The user employer is obliged to keep a register of persons performing temporary work, including the start and end dates of work. Exceeding the statutory limits may result in liability for a petty offence (wykroczenie). The business should therefore make sure it monitors work periods on an ongoing basis, regardless of the information provided by the agency.

4. Legality of foreign nationals’ employment – is the agency’s assurance enough?

Since 1 June 2025, the Act on the Conditions for Permitting the Entrustment of Work to Foreigners in the Territory of the Republic of Poland has been in force. It regulates, among other things, the rules for obtaining work permits and the obligations of entities employing foreign nationals.

In temporary work, many formalities related to employment and the legalisation of work are handled by the agency as the entity entrusting the work. This does not mean, however, that the business should settle for a general assurance that the documentation is in order. Before cooperation begins, rules should be agreed for confirming the right to work, sharing documents and passing on information about changes in employment conditions. The regulations provide, among other things, for an obligation to give the user employer, at its request, a copy of the relevant work permit or declaration concerning the temporary worker. Clear procedures reduce the risk of assigning to work a person whose documents do not match the actual terms of employment.

5. Outsourcing or temporary work – does the name of the contract match reality?

This is one of the most important areas, especially when a business uses services described as workforce outsourcing. The name of a contract alone does not determine the nature of the cooperation. If the people sent to the company perform tasks under the day-to-day direction of its employees, according to schedules and instructions set by the company, this may indicate features of temporary work, even if the service has been called outsourcing.

In genuine service outsourcing, it is generally the supplier that independently organises how the entrusted tasks are carried out and is responsible for performing them. When assessing the cooperation model, however, what matters is the full set of circumstances, not a single clause or the way instructions are given. Misclassifying the cooperation can lead to inspections, disputes and the need to assess obligations arising from the provisions on temporary work. That is why, even before signing the contract, you should check how work management and supervision of the people employed will look in practice.

Five arrangements worth having in writing

– Good cooperation with an agency does not mean that the business stops paying attention to formalities. It should know exactly what it is paying for, which obligations the supplier takes over and which still remain on its side. The more precisely this is set out at the start, the lower the risk of misunderstandings over settlements, inspections or changes in work organisation. For a professional agency, a transparent division of responsibility is also beneficial – says Tomaš Bogdevič, CEO of Gremi Personal.

Before signing the contract, it is worth making five specific arrangements:

1. BHP and preparation for work - the division of tasks relating to training, examinations, workstation equipment and ensuring safe working conditions.

2. Working time and settlements - how records are kept, data is passed on, hours are approved and discrepancies are clarified.

3. Control of employment limits - rules for monitoring temporary work periods, including in the case of earlier cooperation with other agencies.

4. Documentation of foreign nationals - procedures for verifying the right to work, sharing documents and informing about changes in working conditions.

5. Cooperation model and supervision - defining who organises the work, gives instructions and is responsible for carrying out the tasks.

The contract should also specify exactly what the price of the service covers, on what terms accommodation and transport are organised, if provided for, and how irregularities are to be reported and resolved. A well-prepared contract will not replace compliance with the law, but it will let both parties know from the outset what tasks they have to perform and what they are responsible for.