Outsourcing vs staff leasing comes down, above all, to who manages the people. In staff leasing (praca tymczasowa, temporary work) you manage them, while their employer is a temporary work agency. In process outsourcing the contractor organises the work itself through its own supervisor and is responsible for the result. The third option – outsourcing pracowniczy (labour outsourcing), where a “contractor” simply supplies people to work under your direction – has not been permitted for foreigners since 1 June 2025 and is punishable by fines.
Three models: what is the difference
Staff leasing. A temporary work agency entered in the KRAZ register (the National Register of Employment Agencies) hires the people and assigns them to you. You set the tasks, ensure BHP (health and safety) at the workstation and keep working-time records; the agency pays the wages and ZUS (social security) contributions. There are time limits: one person may be assigned to you for up to 18 months within any 36 consecutive months. We explain the mechanics in detail in our article how staff leasing works.
Process outsourcing. You hand over a whole area or function to a contractor: packing, order picking, cleaning. The contract describes the result and the KPIs, and the people are managed by the contractor’s supervisor. You do not give day-to-day instructions to individual workers; you accept and pay for the work done.
Outsourcing pracowniczy. On paper this is a service contract, but in practice a company that is not a temporary work agency supplies people whom you manage. The Ministry of Family, Labour and Social Policy states plainly that this model is often designed to get around the temporary work rules.
The three models compared
| Question | Staff leasing | Process outsourcing | Outsourcing pracowniczy |
|---|---|---|---|
| Employer of the people | temporary work agency | contractor | company without agency status |
| Who manages day to day | you | contractor’s supervisor | in practice, you |
| BHP (health and safety) | you at the workstation, the agency as employer | contractor; on a shared site – cooperation with you | unclear, a risk for both |
| Responsibility for the result | you | contractor, under the contract | not clearly defined |
| What you pay for | people’s hours at an hourly rate | volume, result, running the area | people’s hours |
| Foreigners | yes, through the agency | yes, if it is genuine outsourcing | since 1 June 2025 – no |
| Main risk | 18/36 limit, BHP, working-time records | weak contract without KPIs | refused permits, fines |
What changed for foreigners on 1 June 2025
On 1 June 2025 the ustawa z dnia 20 marca 2025 r. o warunkach dopuszczalności powierzania pracy cudzoziemcom na terytorium Rzeczypospolitej Polskiej (Act of 20 March 2025 on the conditions for entrusting work to foreigners in Poland) came into force. For outsourcing pracowniczy it has three main consequences.
- Refused documents. Art. 13 ust. 1 pkt 7 provides for a work permit to be refused if the foreigner is to work for a third party without having temporary worker status. According to the ministry’s guidance, the rule also applies to oświadczenia o powierzeniu pracy cudzoziemcowi (declarations on entrusting work to a foreigner). The authority looks at how the work is actually organised, and sometimes at the company’s registered business activity (PKD code) as well.
- A fine for the company that takes on the people. Anyone who entrusts work to a foreigner placed by an entity other than an employment agency risks a fine of at least PLN 6,000 per foreigner (art. 84 ust. 11 and 14).
- A fine for the company that places them. Anyone who sends a foreigner to work for another company and under its direction other than on the basis of a temporary work contract risks a fine of at least PLN 3,000 (art. 84 ust. 12).
The first of these fines may hit more than just the “contractor”: the law penalises whoever entrusts work to a foreigner placed by an entity other than an employment agency, and that may turn out to be the company where the person actually works. The table of penalties has been published by the Państwowa Inspekcja Pracy (National Labour Inspectorate).
At the same time, the ustawa z dnia 20 marca 2025 r. o rynku pracy i służbach zatrudnienia (Act of 20 March 2025 on the labour market and employment services) restricted new agencies: an agency may provide recruitment and temporary work for foreigners who need a work permit or an oświadczenie only 2 years after being entered in the register of employment agencies.
The new rules do not prohibit process outsourcing. In its reply to a parliamentary question the ministry explains that if the contractor is responsible for the whole service and is paid for the result, the foreigner works for the contractor, not for the company where, for example, they do the cleaning.
Five signs that “outsourcing” is really supplying people
- The contract specifies no result: no volume, no KPIs, just “N people per shift”.
- You pay for the hours of specific individuals, not for the work done.
- There is no contractor’s supervisor on site, and your foreman gives the people their tasks.
- The contractor’s people work in your teams alongside your own staff, on your rota, and you approve their holidays and cover.
- The contractor is not a temporary work agency but offers foreigners on a “turnkey” basis, and its registered activity has nothing to do with the service.
If two or three of these signs apply, using foreign workers under such a model already carries the risk of refused documents and fines. The way out is either to arrange staff leasing through a temporary work agency, or to restructure the contract into genuine process outsourcing with a defined result, KPIs and the contractor’s own management.
How to choose a model
- Staff leasing – if the process and the foremen are yours, you need people for a season or a specific order, and you are prepared to keep working-time records and take responsibility for BHP at the workstation.
- Process outsourcing – if the area can be separated out and measured, such as packing, order picking or cleaning, and you want to accept a result rather than manage people.
- Your own staff through recruitment – if you need someone in a permanent key role for longer than 18 months.
Before signing a contract, check that the agency is entered in the KRAZ register and ask it to describe exactly who will manage the people on your site. The answer to that question usually shows straight away which model you are dealing with.
How STARKO helps
STARKO offers three ways of working together: staff leasing, outsourcing and recruitment. In staff leasing the people are formally employed by STARKO: contracts, wages, ZUS and paperwork are handled by us, and you receive a single invoice.
In outsourcing we take over a whole area (packing, order picking, cleaning), our supervisor manages the people, and you accept the finished result. If you need your own staff, we find and vet candidates, and you hire them directly.
We are an employment agency registered in KRAZ, we handle the legalisation of foreign workers and keep workers’ documents in order in case of a PIP inspection. Tell us what you need, and a manager will get back to you within one working day.
Frequently asked questions
Is outsourcing pracowniczy legal in Poland in 2026?
Not for foreigners: since 1 June 2025 a foreigner may be sent to work for another company under its direction only on the basis of a temporary work contract, i.e. through a temporary work agency. These rules apply to foreigners, but the Ministry of Family, Labour and Social Policy notes that in general this model often serves to get around the temporary work rules.
What is the difference between outsourcing and staff leasing?
In staff leasing you manage the people, while the agency is their employer and handles the paperwork. In process outsourcing the contractor organises the work itself, manages the people and is responsible for the result, and you pay for the service, not for the hours of specific individuals.
What is the fine for outsourcing foreigners without a temporary work agency?
The Act of 20 March 2025 provides for a fine of at least PLN 6,000 per foreigner for anyone who entrusts work to a foreigner placed by an entity other than an employment agency. Anyone who sends a foreigner to work under another company’s direction without a temporary work contract risks a fine of at least PLN 3,000.
Can a new temporary work agency place foreigners?
Since 1 June 2025 an agency may provide recruitment and temporary work for foreigners who need a work permit or an oświadczenie only 2 years after being entered in the register of employment agencies, and after its register entry has been amended.
Can cleaning or packing be outsourced using foreign workers?
Yes, if it is genuine process outsourcing: the contractor is responsible for the whole service, manages the people itself and is paid for the result. According to the ministry’s guidance, in that case the foreigner works for the contractor, not for the company where the work is carried out.