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CHANGES TO RULES REGARDING EMPLOYMENT OF FOREIGNERS

On 17 November 2021, the Polish Parliament adopted an amendment to the Act on Foreigners (Journal of Laws 2020.35) and to certain other acts. One of these acts is the amended Act on Promotion of Employment and on Labor Market Institutions (Journal of Laws 2021.1100), hereinafter referred to as the Amendment. It puts in place certain changes, significant for businesses, to the rules regarding employment of foreigners. One of the most important of them is the change to employment of foreigners under the statement on assignment of work to a foreigner. So far, this method of employment was considered to be one of the simplest. In order to apply it, the employer is only required to enter the statement in the register maintained by the county employment office. In turn, a foreigner is required to hold a document confirming their right to reside in Poland. So far, in the case of employment based on a statement on assignment of work to a foreigner, there was a 12-month settlement period between the periods of employment. As from 1 January 2022, it will no longer apply, thus ensuring greater stability and continuity of work. The term of employment under the statement will also be extended. Instead of the current 12 months, it will be 24 months. The above changes apply to foreigners from Armenia, Belarus, Georgia, Moldova,
Russia, and Ukraine.

Another important change to the regulations, in this case applicable to all foreigners, is making the entry of the statement in the register conditional upon the employer offering pay at a level comparable to that of other positions of the type. This measure will significantly contribute to improving the level of protection for the employee and ensure fair pay for the work performed. A foreigner, regardless of the length of working time, has to receive at least the minimum wage. The requirement to have health insurance will also be modified. Under the new regulations, the requirement is deemed fulfilled if it follows from the foreigner’s employment in Poland. The Amendment also contains a number of facilitations for employers. One of them is the extension to 7 days of the period in which to notify the county employment office of the commencement of work by a foreigner. Another new provision benefitting both the employer and the foreigner is also worth mentioning. As from 1 January 2022, the minister with jurisdiction over the economy will be able to determine, by way of regulation, the entities whose business is of strategic importance for the national economy. Should a foreigner apply for a work permit in such an entity, their application will be processed as a matter of priority. This will facilitate bringing in specialists to Poland.

The changes will also benefit foreigners who applied for a permit to perform work prior to 1 January 2022. An accelerated procedure has been instituted for their applications. Under the new procedure, neither the entity engaging a foreigner nor the terms and conditions of employment will be subject to verification. These issues will be handled after the work permit has been granted. Clearly, the Amendment does not make any groundbreaking changes to the overall process of employing foreigners. However, it includes significant improvements, both for the employees and the employers. These will help streamline the process of obtaining an employment permit, improve competitiveness in the labor market, and ensure greater stability. And yet, will this translate into a higher level of skills? More relaxed procedures also mean less rigorous selection, which may result in inferior skill sets. This effect may be offset by easier hiring of foreign specialists. Whether this will be the case, however, we will only find out in the long run.