For employers

Employee leasing: two structures, one decision

Under one name lie two different legal solutions. We select the one that fits your situation and handle the formalities.

Ask about the solution See the process
How it works

Employee leasing is not a separate legal institution

There is no employee leasing contract in the regulations. It is a commercial name for two different structures. The first is temporary work (praca tymczasowa): the agency employs a worker and assigns them to a user employer (pracodawca użytkownik) under the Act of 9 July 2003 on the employment of temporary workers. The second is the secondment of one's own employee to another company under Art. 174(1) of the Labour Code (Kodeks pracy), i.e. unpaid leave (urlop bezpłatny) granted with the employee's consent expressed in paper or electronic form, together with an agreement concluded between the employers.

The choice between them is not a formality. It determines who is the employer, who bears HR risk, and what time limits apply. In the Labour Code variant, the employment relationship with the parent company continues, and the period of unpaid leave counts towards the length of service on which employee entitlements with that employer depend. In the agency variant, the agency is the employer and it handles payroll and contributions.

  • Two legal paths, tailored to the situation
  • Clear division of risk and responsibilities
  • Time limits known before the start
  • Paid assignment only through an agency with KRAZ registration
Scope of service

What the cooperation includes

The scope depends on the chosen structure. Below are the elements we handle in both variants or in the agency variant.

01

Selection of the legal structure

We check whether your need is temporary work, employee secondment, or perhaps outsourcing. We analyse the period, the way work is directed, and who is to be the employer. You receive a recommendation before signing anything.

02

Agency variant: temporary work

We employ the worker and assign them to your company. We handle HR, payroll and contributions; you set tasks and are responsible for working conditions. The period of work for one user employer is limited by law.

03

Labour Code variant: employee secondment

The employee remains employed by the parent company and takes unpaid leave to work for another employer. Their consent and an agreement between the employers are required; the provision does not require trade union consent here. The condition is that the employee was already employed by the company that seconds them.

04

Recruitment and verification

We compile candidates for a specific position, also from Asia, Africa, Latin America and Eastern Europe. We check qualifications, experience and readiness for shift work. You receive profiles for approval.

05

Legalisation of work for foreigners

For third-country nationals, we handle the statement procedure (oświadczenie o powierzeniu pracy) or the work permit application (zezwolenie na pracę) and monitor deadlines. The procedure takes from 2 to 7 months, depending on the path and citizenship. Ukrainian citizens with a PESEL UKR number have a separate procedure.

06

Coordinator, accommodation and language

Every worker has a coordinator from day one, and we organise accommodation to a favourable standard. We also run a Polish language and industry-specific course.

Process

How we select and launch the solution

The first stage is the most important: it determines whether the structure will stand up to inspection.

01

Discussion of the need

We establish how many employees you need, for how long, and who will supervise them. We also ask whether you already have specific people or whether we are to find them. On this basis, we indicate the appropriate structure.

02

Choice of path and pricing

We present the agency or Labour Code variant together with the consequences: who is the employer, what limits apply, and how settlement works. You receive an offer and a list of documents required on your side.

03

Documents and consents

In the agency variant, we sign an employment contract with the employee and a service agreement with your company. In the Labour Code variant, we prepare an agreement between the employers and collect the employee's written consent for unpaid leave.

04

Legalisation and onboarding

For foreign workers, we launch the legalisation procedure and set a realistic start date. Before they start work, we provide a complete set of documents, and you conduct on-the-job training and keep working time records.

05

Ongoing support and settlements

We handle HR, payroll and residence matters, and monitor document renewal deadlines. Settlement takes place in the cycle agreed in the contract. As the statutory limit approaches, we propose a further scenario in advance.

Legal basis

Two legal bases and one common condition

The agency and Labour Code structures are based on different regulations. The common condition concerns who may assign employees for a fee.

  • Legal basis: Act of 9 July 2003 on the employment of temporary workers
  • Alternative legal route: Article 174(1) of the Polish Labour Code – unpaid leave with the employee's written consent
  • Maximum period: 18 months in any 36 months

Legal status as of 24 July 2026. The actual circumstances determine the classification: if the agency recruits the employee, pays their salary and handles their HR, it is temporary work, regardless of the contract name.

Fit

When employee leasing is a good choice

This is a solution for a transitional period. For a permanent need or for work excluded by law, it is better to choose something else.

It works when

  • You need staffing for a few months, not new permanent positions
  • You are carrying out a seasonal order or a project with a set end date
  • You want to test an employee in real work before permanent employment
  • You have your own employee who is to work temporarily for another employer

Something else will be better

  • The need is permanent and concerns your own team: that is permanent recruitment
  • You want to hand over the entire process including management: that is employee outsourcing
  • The work is particularly hazardous within the meaning of OHS regulations: the Act excludes temporary work here
  • It involves replacing employees participating in a strike: this is also a statutory exclusion
FAQ

Employers' questions about employee leasing

Most misunderstandings arise from the fact that the same name describes two different structures.

Is employee leasing the same as temporary work?

Not always. Temporary work is only one of the two forms referred to as leasing. The other is employee secondment under Art. 174(1) of the Labour Code. They differ in who is the employer, what limits apply, and who handles settlements.

Can I second my own employee to another company?

Yes, under Art. 174(1) of the Labour Code. The employee's written consent and an agreement between the employers are required, specifying the period of work for the other employer. The employee takes unpaid leave, and their contract with your company remains in force.

Does unpaid leave in this mode interrupt the length of service?

No. The period of unpaid leave granted for the purpose of working for another employer counts towards the length of service on which employee entitlements with the current employer depend. This is a significant difference from ordinary unpaid leave. However, the length of service increases with the parent company, not with the employer for whom the employee temporarily works.

How long can an employee work in the agency variant?

Work for one user employer may not exceed 18 months within 36 months. The limit concerns the relationship between the employee and the user employer, so changing the agency does not reset it. In the case of replacing an absent employee, the period may reach 36 months.

Can any company provide employees for a fee?

No. Assigning employees to other entities as a paid activity requires entry in the National Register of Employment Agencies (Krajowy Rejestr Agencji Zatrudnienia). JOBCEN is registered under number 75577. Cooperating with an unregistered entity also burdens the company using such a service.

Who is responsible for the employee's safety?

In the agency variant, the user employer ensures safe working conditions, on-the-job training, personal protective equipment and working time records. The agency is responsible for the HR side of employment. In the Labour Code variant, the duties are divided in the agreement between the employers.

How much does such a solution cost?

Pricing is individual and depends on the position, number of people, period and chosen structure. The cost consists of the employee's salary with employer-side contributions and the agency's fee. For foreign workers, one-off official fees for legalisation are added.

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