Employers' Obligations After the End of the Epidemic Emergency
On 1 July 2023, the COVID-19 epidemic emergency in Poland was lifted. Residence permits or documents allowing foreigners to work in Poland will expire on 31 July 2023.
Main obligations of employers to ensure the legality of employment of foreigners:
- Residence status. Verification of the legal residence of foreigners employed in Poland, e.g. by checking current residence permits or pending administrative proceedings following an application for a temporary residence permit.
Failure to verify the residence status of a foreigner and assigning work to a foreigner residing in Poland without a valid residence permit may result in the application of sanctions against the employer (including a fine of up to PLN 10,000, or restriction/depravation of liberty for up to 3 years), as specified in the Act of 15 June 2012 on the Consequences of Assigning Work to Foreigners Residing Illegally on the Territory of the Republic of Poland.
- Work permit / declaration. Employers are required to take measures to obtain new documents enabling them to commence/continue employment of foreigners in Poland (e.g. declarations on assigning work or work permits). Appropriately timed applications for work legalisation documents will avoid interruptions in employment.
- Special situation of Ukrainian citizens. The legal stay of Ukrainian citizens residing in Poland on the basis of temporary protection, visa-free movement, national and Schengen visas and residence permits has been extended to 4 March 2024. However, in order to legalise the work of a Ukrainian citizen notwithstanding his or her legal residence, employers are required to submit notifications on the assignment of work to Ukrainian citizens within 14 days of the assignment. These notifications are also required in the event of a change in the terms and conditions of employment (e.g. job type, working hours or remuneration).