New employment rules for foreigners in Poland since January 1, 2017

In Poland, new employment rules for foreigners are being introduced starting from October 1, 2016. This is an initiative of the Ministry of Family, Labor, and Social Policy of the Republic of Poland.

This decision is driven by an EU directive to enhance security within the union, regulate the number of labor migrants and the transparency of their employment, as well as reduce unemployment among EU citizens. The planned bill has caused a great resonance among both employers and employees. The bill is currently under consideration and approval by the commission. If adopted, most provisions, particularly changes in the employment of foreigners for seasonal or short-term work, will come into effect from January 2017. That is why there is a significant rush for job invitations to Poland in the last months of 2016 http://vsetutpl.com/ru/azhyotazh-vokrug-pryglashenyy-na-rabotu-v-polshe-rastet.

Below is a list of questions that most frequently arise regarding the new draft law on the employment of foreigners in Poland and precise answers based on the text of the bill.

What does the current employment procedure in Poland look like? Will the employer's invitation to work in Poland continue to be valid?

The provisions regulating the work of foreigners in Poland at the moment, based on the Polish law of April 20, 2004, on promoting employment and establishing the labor market, define the types of work visas to Poland http://vsetutpl.com/ru/chto-nuzhno-dlya-oformlenyya-rabochey-vyzy, on the basis of which, according to this law, it was possible to work legally in Poland. To obtain a work visa to Poland, it was enough to have an invitation from a potential employer.

Citizens of six European countries, namely Armenia, Georgia, Ukraine, Belarus, Moldova, and Russia, could be employed in Poland for a short period (maximum 6 months a year) through a simplified procedure. For this, the employer only had to register their intention to hire a foreigner (oświadczenia o zamiarze powierzenia pracy cudzoziemcowi) with the labor office (a free procedure) and provide the employee with an invitation to work in Poland. According to the new amendments to the employment law, the employer's invitation will not be valid (will not be the basis for official employment in Poland) and will not be issued starting from January 1, 2017.

Why was the invitation to work in Poland canceled?

During 2015, there were 782,000 applications registered by Polish employers declaring their intention to hire a foreigner. This means that the same number of foreigners were supposed to join the ranks of Poland's workforce in agriculture, services, light industry, construction, trade, and other sectors. In reality, however, no more than 500,000 people actually worked. This means that about 300,000 more people found a way to circumvent the law. Polish employers themselves began to sell work invitations to foreigners who simply needed a visa, without intending to employ them.

Most of them then simply used the Polish work visa as an opportunity to travel to other EU countries and work there (although illegally, since the Polish work visa only grants the right to stay, not to work in the EU). There were other frauds as well. Some underground Polish organizations promised foreigners real job offers and asked for a decent fee just for making a work invitation to Poland (which, as already mentioned, is free), and when people arrived at the agreed place for work, they simply did not show up, leaving the foreigners with nothing.

How will the procedure for obtaining a work permit in Poland change?

Before the new draft law on the employment of foreigners, invitations from the voivode were only needed to make a Polish national visa, which allowed foreigners to work in Poland for more than 180 days a year. With the adoption of amendments to the law, all foreigners who want to go to Poland for seasonal or short-term work will be required to obtain a work permit. Two types of such permits will be introduced: a permit for seasonal work in Poland (grants the right to work in Poland for 8 months) and a permit for short-term work in Poland (grants the right to work in Poland for 6 months).

The permit will be granted after the employer's application and verification of all provided data about the company and the employee, and other nuances, which will be discussed further. The procedure for obtaining permission to hire a foreigner for Polish employers will become more complex, formal, and will require more time, effort, and financial resources. However, the Ministry of Family, Labor, and Social Policy of the Republic of Poland, whose project the amendments to the employment law actually are, promises some simplification of the procedure for employers who have already legally hired the same employee at least once.

Who will be able to go to Poland for seasonal work?

The new draft law specifies the rights of foreigners planning to become seasonal workers in Poland, as well as the conditions for their entry into and stay in Poland. Anyone will be able to go to Poland for seasonal work, unlike the current situation, when the permit system is still in place and only citizens of six countries: Armenia, Georgia, Ukraine, Belarus, Moldova, and Russia, can obtain a work visa to Poland and work on seasonal jobs in Poland. Since the number of workers needed to perform seasonal work in Poland increases sharply at certain times of the year, it will be allowed to hire foreigners, but only if a monitoring of the employment situation proves that no citizen of the Republic of Poland applies for or agrees to such a position.

If a permit is obtained, foreigners will be able to work in Poland for 8 months a year in three clearly defined areas: horticulture, agriculture, and tourism. This limitation will help narrow the scope of use of permits for seasonal work. Quick consideration of applications and administrative unloading will be facilitated by the fact that permits for seasonal work in Poland will be issued by the starosta. These amendments to the law will only apply to those foreigners who are outside Poland; the procedure for issuing work permits for foreigners in Poland is planned to be made more flexible.

What jobs can be considered short-term and who will be able to do them?

Short-term can be considered all types of work that do not fall under the category of seasonal work, that is, do not relate to agriculture, growing plants, tourism, and certain other areas prescribed in the amendments to the law. A permit for such short-term work (zezwolenie na pracę krótkoterminową) in Poland can be obtained for 6 months. An important nuance: only those employers whose company has existed for 12 months prior to this moment will be able to apply for such a permit. Permits for short-term work in Poland will be granted only to Russians, Ukrainians, Belarusians, Armenians, Georgians, and Moldovans — citizens of countries that currently use the permit system. It will be possible to work under such permits for both individuals and legal entities.

Work invitation (work permit) from the voivode: what does it give?

In addition to the planned innovations that will give the right to work to a foreigner in Poland (permit for seasonal work and permit for short-term work), those foreigners who receive a work permit in Poland from the voivode will also have this right. Such a permit allows you to legally work in Poland for up to three years. Only holders of residence cards have more rights.

What will the procedure for issuing work permits in Poland look like?

Before inviting a foreigner to work, it is necessary to test the Polish labor market to make sure that none of the citizens of Poland want to work in a particular position that the employer must offer to a foreigner. If all the conditions for obtaining permission are met, the application will be entered into a register that consuls will also have access to. Electronic registration of applications for work permits for foreigners will allow consuls, when issuing visas to Poland, to assess the situation and verify a particular application without intermediaries. This should protect against falsification of registered applications. A foreigner who will be informed by the employer about the registration of the contract and the conditions entered there will apply for a work visa to Poland on this basis, and upon arrival, when the foreigner meets with the employer, the starosta will issue an official permit to work legally in Poland.

Thus, the authorities will have information about how many foreigners actually work for an employer, and whether the work permit in Poland was used for its intended purpose.

Special executive bodies will check the living and working conditions of foreigners. The place where the foreigner who will work in Poland will reside must comply with national standards, and in case of moving or changing place of residence, this should be reported to the competent authority.

What rules for employment in Poland and issuing work permits in Poland will be changed?

Amendments to the law also provide for cases when the right to obtain a work permit in Poland may be denied, namely in cases where the submitted application for a work permit in Poland for a foreigner has nothing to do with the employer's real desire to employ him, or there is a suspicion that the employee wishes to use the permit for purposes other than working for the specified employer.

It is also planned to introduce a fee for registering an application for a work permit for a foreigner. This will cost a Polish employer 30 zlotys.

It is encouraging that salaries of foreigners and citizens of Poland for performing similar work must be compared, as well as determining the minimum wage for a foreigner in cases where actual wages are difficult to calculate.

There are certain changes in the procedure for concluding a contract with a foreigner: it is concluded in writing, and before it is signed, the employer must provide the foreigner with a copy of this contract in a language that is understandable to the potential employee. This is done mainly to protect the foreigner from fraud.

What new rights and responsibilities will a foreigner receive in connection with the new employment rules in Poland starting in October 2016?

A foreigner has the right to extend the period of validity of the permit for seasonal work in Poland at least once and change the employer once without leaving the territory of Poland, if it is within the permitted period (8 months).

If a foreigner wants to go to seasonal work in Poland again with an employer for whom they have already worked at least once in the last five years, then this employer registers the contract again. On this basis, the foreigner will be able to apply for a work visa to Poland within the year when this happens and the two subsequent years. In this case, the employer no longer needs to provide data on the labor market that would confirm the lack of Polish workers to perform the work offered to the foreigner.

When applying for a visa to Poland, a foreigner will have to prove that they will have a place to stay there: it can be an agreement with the employer on housing provision, a rental agreement, or a statement of intent to rent housing and having sufficient funds for this.

Foreigners will be able to claim wages equivalent to Polish citizens in case of performing the same work. You can find out the size of Polish salaries in different sectors at http://vsetutpl.com/ru/srednyaya-zarplata-v-polshe-v-2016-godu.

When to expect the introduction of new employment rules in Poland?

The first results of the bill (if passed) and the start of the introduction of new employment rules in Poland should be expected starting from October 1, 2016. However, its most important and controversial points, namely the rules on the procedure for registering employees and obtaining permits for seasonal and short-term work in Poland, as well as the provision on wages for foreigners equal to Polish citizens, should come into force from January 1, 2017.

What are the disadvantages of the new employment rules in Poland?

It is still too early to talk about the disadvantages, as well as the advantages of the new rules for employment in Poland before they are adopted. The obvious advantage for foreigners will be the opportunity for long-term stay and work in Poland. But analyzing the fact that Poles, wanting better salaries, go to work abroad, and foreigners obtain work visas to Poland and fill their places, and this process is quite beneficial for both sides, such a change in the rules will significantly complicate the process of providing employment to a foreigner in Poland. With the adoption of the new law, the changes may have a negative impact not only on foreigners wishing to earn some money, but also on Polish employers. Therefore, the draft amendments to the employment law are perceived ambiguously, especially the procedure for obtaining work permits in Poland, particularly for seasonal work, where there is a constant flow of personnel and a shortage of workers. Polish employers call it absolutely inflexible, unnecessarily complicating the recruitment of workers.

The draft law on new employment rules in Poland is now under consideration by the Committee of the Council of Ministers of Poland, and you can view the full text of the amendments to the Polish law "On Promoting Employment and Establishing the Labor Market" at the link: https://www.mpips.gov.pl/bip/projekty-aktow-prawnych/projekty-ustaw/rynek-pracy/projekt-ustawy-o-zmianie-ustawy-o-promocji-zatrudnienia-i-instytucjach-rynku-pracy-i-niektorych-innych-ustaw/.

Information from the source: http://vsetutpl.com/ru/robota-v-polschi-blog/novye-pravyla-trudoustroystva-dlya-ynostrantsev-v-polshe-s-1-yanvarya-2017-goda