flash news - Labour and employment law

An adult guardian will be able to generate an additional Diia.pl residency document permit in the mObywatel application for children under the age of 13. This will make it much easier to confirm identity and the legality of residency, as well as make seamless border crossings possible for those children who have so far been unable to obtain a Diia.pl.

On Friday, the President’s Office announced that on 23 March 2023, the President had signed the Act of 9 March 2023 amending the Labour Code Act and certain other acts, implementing into Polish legislation two EU directives: Directive 2019/1152 and Directive 2019/1158. The most important changes resulting from the amendment have been described here >>> The Act will now be published in the Journal of Laws and will enter into force 21 days after its promulgation

No work permit required for remote work in Poland

Foreigners do not need to hold a work permit if they intend to work remotely in Poland for employers, who do not have legal presence in Poland, – was the individual response of the Department of the Labour Market of the Polish Ministry of Family and Social Policy, to our question of 14 March 2023.

Regulation of the Minister of Family and Social Policy, dated 6 March 2023, amending the regulation on employee records has been published (Journal of Laws 2023, item 471).

This regulation adapts the rules on employee documentation to the regulations on monitoring sobriety and remote working that were introduced to the Labour Code. Personnel files will receive a new Part E to hold documents associated with checks on employees’ sobriety and tests for the presence in employees of substances with effect similar to alcohol. The new rules will come into force on 21 March 2023.

As for employees’ records relating to remote working, these will be held in Part B of their personnel files. These provisions will come into force on 7 April 2023.

As of 1 March 2023, it is no longer possible to schedule an appointment by email at the Mazovia Province Office to apply for a residence permit for a family.

First it is necessary to register on the inPOL portal and fill out an application form for each family member. After completion of the form, individual codes will be generated.

On 9 March, the Sejm, accepting some of the Senate's changes, enacted amendments to the Labour Code implementing two EU directives into Polish legislation:

• Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union,
• Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.