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Author: Aleksandra Wójcik

Aleksandra Wójcik
Posted on Categories foreigners, 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.

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Posted on Categories hiring 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.

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Posted on Categories employment contract, regulatory

Changes to the Labour Code: new compulsory elements of an employment contract and broader information obligations of employers

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. In desiring to achieve the greatest possible transparency and predictability in employment, it also seeks to modify the compulsory elements of an employment contract and to significantly affect (broaden) the information obligations of employers with respect to employees. 

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Posted on Categories Bez kategorii

Crossing the Polish-Ukrainian border no longer so easy

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). The stay of such persons in Poland is, in principle, legal until 24 August 2023. However, in accordance with the recent practice of the Polish authorities and services, if such a person even briefly returns to the Ukraine, their re-entry to Poland will, as a rule, take place under the terms of the previously existing regulations – and no longer under the terms of the Special Law.

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