Wojciech Górski
Wojciech Górski, adwokat, has extensive experience advising businesses on collective and individual labour law, global mobility, and contract law. He represents clients in employment disputes. He drafts and implements internal rules and policies. He prepares opinions and analyses across the area of employment law.
In the Polish legal system, giving work to a foreigner who has not been authorised to undertake it, entails a liability for the employer. At present, Article 120 par. 1 of the Act on the Promotion of Employment and on Labour Market Institutions envisages a fine for illegally employing a foreigner. The fine may range from PLN 1,000 to PLN 30,000.
Amendments are now being planned to limit the extent of an employers’ liability, by changing the requirements for liability under this petty offence. The proposed amendments have been accepted by the Council of Ministers and are currently at the consultation stage.
On 1 July 2024, another amendment to the Act of 12 March 2022 on assistance to citizens of Ukraine in connection with the armed conflict in that country will come into force. It introduces a number of important changes concerning the legality of residence and employment of Ukrainian citizens in Poland.
Changes regarding stay
The most important change in the amendment is an extension until 30 September 2025 of:
- the period of legal residence in Poland of Ukrainian citizens under temporary protection (who arrived legally in Poland starting from 24 February 2022 and declared their intention to stay in Poland),
A few days ago, a bill to amend the Foreigners Act appeared on the legislative agenda of the Polish Council of Ministers. Work on the bill is expected to be completed in the second quarter of 2024. It provides for changes in several important areas, including:
- Implementation into Polish law of Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (EU Blue Card)
- Electronic filing of applications for temporary residence permits, permanent residence permits and long-term EU resident permits, instead of filing these applications in paper form in person at the province office.