Aleksandra Wójcik
Aleksandra Wójcik, adwokat, practises individual and collective labour law, particularly involving issues of formation and dissolution of employment relationships, mobbing, discrimination, equal treatment in employment, and cross-border aspects of employment law. She advises clients on matters such as legalisation of work and stay in Poland by citizens of third countries, posting of citizens of third countries to Poland, and posting of Polish citizens abroad.
On October 15, main ideas appeared on the list of legislative and programmatic work of the Council of Ministers in a document entitled “Take back control. Ensure Security. Poland's Comprehensive and Responsible Migration Strategy for 2025-2030.” Just two days later. on October 17, the full text of the strategy was published. The strategy is intended to set directions for changes in immigration law in terms of, among other things:
Ukrainian nationals have long been the most numerous group of foreigners working in Poland. Their share of the Polish labour market has risen further due to the war in Ukraine. As a result of the hostilities, some Ukrainians decided to leave the country to seek refuge in other states, including, to a significant extent, in Poland. A report of the Central Statistical Office dated 5 August 2024 shows that 690,200 Ukrainian citizens were working in Poland at the end of February 2024.
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.
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.
The government’s bill to amend the Labour Code and certain other acts, which seeks to implement solutions provided under EU Directives into Polish legislation[1], may have a significant impact on the employees’ rights and on the corresponding employers’ obligations. The amendment seeks to extend parenthood rights, including by extending parental leave (in the spirit of work-life balance) and to make revolutionary changes in how employment contracts are terminated.
People who fled from Ukraine to Poland because of the Russian invasion and then returned to Ukraine may not be allowed back into Poland without meeting additional conditions.
The stay in Poland of Ukrainian citizens who fled Ukraine because of the war was regulated by the provisions of the so-called Special Law of 12 March 2022 (on assistance to Ukrainian citizens in connection with armed conflict on the territory of that country).