Poland – current travel restrictions (updated)
Due to the COVID–19 pandemic, Poland adopted regulations temporarily restricting entry to Poland of non-Polish citizens.
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Author: Magdalena Świtajska
Magdalena Świtajska, adwokat, handles individual and collective labour law, in particular difficult redundancies of senior managers and protected workers, restructurings, transfers, cross-border aspects of employment law, and employment-related civil and criminal matters (such as civil and criminal liability of employees and employers, liability in damages, protection of individual rights, confidentiality and non-competition). She has been advising clients for many years on legalisation of work and stay of third party nationals in Poland, delegating third party nationals to work in Poland and delegating Polish citizens to work abroad.
Clearer rules for access to regulated professions in the EU?
A draft amendment to the law on the recognition of professional qualifications acquired in the EU Member States has just been submitted to public consultation. The draft implements the EU directive on this subject (2018/958) into the Polish legal system. This directive in turn complements Directive 2005/36/EC on the recognition of professional qualifications. The deadline for implementation falls on 30th July 2020.
The changes are to unify the rules and criteria for controlling access to regulated professions for people from other EU countries. For it is not clear in the Member States according to which criteria the proportionality of the requirements is assessed and the level of control of the requirements at different levels of the sources of law is uneven.
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Employment contracts with foreigners. Part 4: right to salary
In the case of a foreigner who has lost or not yet obtained rights to work and stay in Poland, the issues of conclusion and termination of the employment contract and setting the starting date for work (discussed in earlier blog posts) largely boil down in practice to the issue of the employer’s obligation to pay salary to such an employee.
This issue is basically resolved in its entirety by the applicable regulations.
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Employment contracts with foreigners. Part 3: type of contract
Employers often have trouble selecting the type of contract for a foreigner. This is because the documents allowing foreigners to work and stay in Poland typically are issued for fixed periods. At the same time, the regulations do not provide any special conditions for employment contracts with foreigners. In particular, Polish law does not contain any regulations excluding or limiting the use of any of the various types of contracts in the case of foreigners.
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