Process Outsourcing or Employee Outsourcing – Dilemmas of the Polish Legislator

The article discusses the mutual relations between various forms of external employment that currently exist on the Polish labor market. The first is „temporary” employment based on the Act of 9 July 2003 on the employment of temporary workers. Since this employment results directly from the regulations, its application does not raise any doubts. A different situation occurs in the case of using two forms of outsourcing, the so‑called process and employee outsourcing. They are not directly regulated in law. The authors, discussing the principles of their application, believe that properly applied procedural outsourcing can be considered a legal form of work. On the other hand, employee outsourcing, as a form in practice identical to the provision of work through a temporary employment agency, is a violation of the law. This is also related to the legal risks indicated in the article, therefore, according to the authors, this last form of employment should not be used.