HRlaw.pl – Labour and employment law blog

17 August 202317 August 2023foreigners, personal data

Recruitment of a foreigner and personal data – what you can and should ask the candidate about and at what stage?

For a recruiting employer, a candidate’s professional competence is crucial. Equally important, however, is sometimes the timing of starting work.

The start date is affected not only by the notice period for the candidate’s current employment. In the case of candidates who are citizens of third countries (i.e., outside the European Economic Area or Switzerland), the need to legalize their stay and work in Poland matters.

28 March 202328 March 2023Bez kategorii

Act on foreigners: voluntary departure and other changes

On 21 March 2023, the President signed the Act of 9 March 2023 Amending the Act on Foreigners and Certain Other Acts. The amendment was published in the Journal of Laws on 23 March 2023 and, with certain exceptions, will enter into force 14 days after its publication. The purpose of the amendment is to ensure the application of Regulations 2018/1860 and 2018/1861, dated 28 November 2018, of the European Parliament and of the Council (EU). These regulations govern the entry and stay of third-country nationals in the territory of Schengen States and Member States’ use of the Schengen Information System (SIS).

5 January 20235 January 2023varia

Co-financing of in vitro as an employee benefit

Infertility treatment using the in vitro method entails costs which, due to non-reimbursement by the National Health Fund, for many people constitutes an enormous expense, often impossible to cover with own funds. Although there are local government support programmes in some Polish cities, subsidies that can be obtained from them do not cover all costs and apply only to selected groups of people. Potential support for people facing the infertility problem can be an employer’s subsidy for IVF treatment.

15 December 202215 December 2022hiring foreigners

New law on the employment of foreigners – what significant changes does the draft introduce?

On 13 September 2022, a draft law on the employment of foreigners (list no: 400) appeared on the website of the Government Legislation Centre. It is primarily intended to be comprehensive legislation regulating key issues concerning the employment of foreigners, currently scattered across various laws and regulations. As indicated in the explanatory memorandum to the draft, it is also intended to streamline procedures and shorten waiting time for decisions. Apart from minor changes related, inter alia, to notification obligations on the part of the employer, introduction of one type of work permit for all employees delegated to Poland (currently divided into 3 types – C-E) or granting an obligatory nature to premise of refusal to issue a work permit in the case of employers in arrears with social insurance contributions or taxes, the draft introduces several significant changes that may have a real impact on the functioning of legalisation procedures in practice.