Employment agency activity is strictly regulated (chapter 6 of Act from April 20, 2004 on promotion of employment and labour market institutions). Agency is subject to register in the National Register of Employment Agencies.
Range of activities
The employment agency is an entity who operates at least in one of the following areas:
- Job placement
a) providing candidates with assistance in obtaining adequate employment or other paid work and employers in recruiting workers with sought professional qualifications,
b) acquiring and disseminating job offers,
c) providing employers with information on applicants, in connection with the submitted job offer,
d) Informing job applicants and employers about the current situation and anticipated changes in the local labor market,
e) initiating and organizing contacts for people seeking employment or other paid work with employers,
f) directing people to work abroad with foreign employers,
g) directing foreigners to employment or other paid work to entities operating on the territory of the Republic of Poland.
- Personal advice
a) conducting employment analysis, determining the qualifications of employees and their predispositions and other characteristics necessary for the performance in a particular job,
b) identifying sources and methods of obtaining candidates for specific positions,
c) candidates verification in terms of expected qualifications and predispositions.
- Career guidance
a) assistance in selecting the right job and place of employment,
b) providing information necessary for making professional decisions, in particular about professions, the labor market and the opportunities for training and education,
c) initiating, organizing and conducting group work counseling, activation projects in the field of active job search,
d) providing employers with assistance in selecting candidates for work, in particular providing information and advice.
- Temporary employment
recruiting temporary staff and directing these employees and non-employees to perform temporary work for and under the direction of the employer, as defined in regulations of the employment of temporary workers.
The employment agency may be established in any form other than a partnership. As a result, you should register your company in CEIDG (as a sole proprietorship or civil partnership) or in KRS (as a public limited company, a limited partnership, a joint stock company, or a limited liability company).
Mandatory registration of employment agencies
Any entity operating in the above mentioned areas is subject to registration in
The conditions that an entity wishing to pursue activities within an employment agency must fulfill are as follows:
- Entity can’t be held liable for taxes, social insurance contributions, health insurance, the Labour Fund and the Guaranteed Employee Benefits Fund, if they are obliged to pay them,
- Entity can’t be punished for crimes or offenses related to labour market activity or for collection of fees for his activity,
- Entity can’t have liquidation or bankruptcy declared.
The application for entry in the register should be submitted to the Marshal of the Voivodship appropriate for the place of business. If the company has multiple branches without a separate legal form, the application should be filed at the place where the company is located. The application can be submitted electronically (via the Registrar Service System http://stor.praca.gov.pl/portal/#/kraz) or in paper version.
Confirmation of the entry is made by the Voivodship Marshal by issuing the certificate of entry of an entity into the register authorizing the provision of services as an employment agency. The certificate is subject to a charge of PLN 200.
Following the amendment of the Act in 2017, two types of certificates are applicable depending on the type of activity:
- job placement, personal counseling, job counseling or,
- Temporary employment.
Employment agencies operating in both areas receive two certificates.
The Agency is obliged to inform the Voivodeship Marshal within 14 days about:
- any change of contact data (including branches) or change of service type,
- ceasing activity,
- Suspension or resumption of business activity referred to in the regulations on freedom of economic activity.
Until January 31st of each year, the employment agency is obliged to submit to the Marshal of the Voivodeship the activity report. It can be done via Internet or in paper form. Forms are available on the website: http://stor.praca.gov.pl/portal/#/kraz/formularze
Agencies can’t collect amounts others than those referred to in art. Article 85 2 point 7 of the Act on promotion of employment from people, for whom they are seeking employment or other gainful work or whom they provide assistance in the choice of a suitable profession and place of employment.
Before sending a person to work abroad or to work temporarily, to an entity operating outside the territory of the Republic of Poland, agencies shall be obliged to provide written information on costs, charges and other contributions, including those referred to in article 85 Act 2 point 7 of the Act, related to directing to work and taking up and performing work abroad.
Foreign entities wishing to operate employment agencies in Poland
Foreign entities wishing to conduct temporary work in Poland are obliged to enter in the register. The application is accompanied by a translation prepared by a sworn translator into Polish, authorizing the entrepreneur to carry out temporary employment activities in the territory of the country of origin.
Foreign companies intending to operate on the territory of Poland in the field of employment agency, personal counseling and vocational counseling are not obliged to do so. These entities are obliged to submit a notification (in paper or electronic form) to the Marshal of the Voivodeship responsible for the place of provision of services, containing the following data:
- the name of the entrepreneur’s country of origin;
- identification of the entrepreneur and his place of business;
- the place and date of service provision and the type of services provided in the territory of the Republic of Poland.
Upon notification, the foreign entrepreneur submits to the Marshal of the Voivodship the translation prepared by a sworn translator to the Polish language authorizing the entrepreneur to carry out employment placement, personal counseling or vocational guidance in the territory of the country of origin.