1 April 2015

The Supreme Court has clarified doubts arising from Art. 20 of the Act on Employment of Temporary Workers, and relating to determining the effect of exceeding the 36-month period during which a temporary worker works for one employer. The Supreme Court assumed that exceeding of that period does not entitle a temporary worker to demand establishment of an ordinary (according to the Labour Code) employment relationship, but it can only result in an administrative penalty for an employment agency.

Ruling of the Supreme Court was issued as a result of a cassation appeal filed by the law firm on behalf of a defendant – an employment agency – against the judgment issued by the Court in Piotrków Trybunalski which determined in that case the existence of an employment relationship between the worker and the temporary employment agency. The Supreme Court accepted the arguments contained in the cassation appeal and set aside the judgment of the Court of Second Instance in grounds for its judgment, providing at the same time an interpretation of Art. 20 of the Act on Employment of Temporary Workers (I PK 203/14).