articles - Labour and employment law

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.

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.

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 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).