The meetings of the extraordinary committee analyzing draft laws on the labor market and the employment of foreigners, held in recent days, have raised numerous controversies. In particular, entrepreneurs and temporary employment agencies warn that the planned changes may lead to unequal treatment of foreigners and Polish citizens on the labor market and introduce impractical solutions limiting employment flexibility.

Obligation to employ foreigners full-time – an impractical solution?
One of the key points of the new regulations is the requirement to employ foreigners by temporary employment agencies only under an employment contract. In theory, this is intended to improve employment conditions and secure the labor rights of foreigners. However, in practice, such a solution may contradict the fundamental idea of temporary work.

Temporary work, as the name suggests, is characterized not only by a specific period of employment, but also by a variable number of working hours. This model allows you to adjust the number of working hours to the current needs of both employees and employers. Unlike a standard employment contract, which obliges to work 40 hours a week on a permanent basis, in temporary work there are days when the employee works for 6 hours, another day for 2 hours, and the next day for 10 hours. This type of flexibility is extremely appreciated by people who combine employment with other responsibilities, e.g. study or family care. This flexibility is ensured by a mandate contract, under which temporary employees can freely choose the duration of their temporary work.

Experts and representatives of employment agencies point out that imposing the obligation to employ foreigners under an employment contract deprives them of this flexibility and may limit their chances of finding employment. Entrepreneurs emphasize that introducing strict regulations in this area will effectively discourage agencies from employing foreigners, which may, as a result, negatively affect the labor market. The introduction of this regulation may also deepen the problem of illegal employment of foreigners - "illegally".

Inequality towards Polish workers
Another important issue is the aspect of equality in employment. The new regulations lead to a situation in which foreigners will have to be employed under certain conditions that are not required for Polish employees. This may raise doubts regarding the constitutional principle of equal treatment and non-discrimination.
Some entrepreneurs point out that introducing the obligation to employ foreigners under employment contracts in temporary agencies may result in preferential treatment of Poles when recruiting for flexible forms of employment, which in the long run may make it more difficult for foreigners to access the labor market. There is therefore a risk that instead of protecting their rights, new regulations may paradoxically lead to their exclusion.

Restrictions for temporary employment agencies - impact on the labor market.
The amendment to the regulations may also significantly affect the activities of temporary employment agencies, which play an important role in mediating between employees and employers. Their task is to enable companies to flexibly manage human resources, especially in sectors with variable demand for labor, such as logistics, production or seasonal services.
The introduction of rigid requirements regarding the form of employment of foreigners may lead to restrictions on the activities of such agencies or their resignation from serving clients looking for flexible staffing solutions. As a consequence, some employers may have difficulty finding employees, which will affect the dynamics of the labor market.

It is not understandable why the proposed regulations, although they provide that foreigners will be able to perform work on the basis of a mandate contract, will be entitled to do so with the exception of temporary work. This is completely incomprehensible, since foreigners employed by temporary employment agencies enjoy full protection and the best employment conditions due to the fact that running a business in the form of a temporary employment agency requires entrepreneurs to comply with numerous additional legal requirements, and the fact that they are observed by employment agencies is confirmed by an entry in the register of employment agencies. The above will further deepen the problems faced by temporary employment agencies, which already have to compete with entrepreneurs providing services in violation of the principles of fair competition. It seems that some employment agencies may even be liquidated.

The need to reach a compromise
Given the numerous voices of criticism towards the new regulations, it becomes crucial to develop solutions that will not only guarantee the protection of the labor rights of foreigners, but also take into account the realities of the labor market and the needs of entrepreneurs. Open debate and cooperation between government, employment agencies and employer representatives can help find a compromise solution that is both effective and practical.
As we observe further work on this project, we can only hope that the final regulations will not lead to the exclusion of foreigners from the labor market or harm the activities of temporary employment agencies, which play a key role in ensuring employment flexibility in the Polish economy.