The draft of the Labour Market Act dated 29th June 2018 introduces, among others, implementation of some changes in the rules of employing non-EU citizens in Poland, and is still in a design phase.
What are the planned changes in relation to non-EU employees in Poland?
The main guidelines and objectives are the planned facilitations in employment of non-EU employees and modernization of the applicable law and adaptation to the needs of the Polish employment market
In connection with the avalanche increase of work permit applications number, as well as the increase of registered Declarations to entrust work to a non-EU employees, the new law is to help to improve the administrative processes and procedures in the provincial Voivodship and Labour Offices.
Thus, the new regulations provide for:
1) Electronic applications
The obligation to submit work permits applications and registration of all Declarations to entrust work to a foreign worker electronically. This obligation will not apply to all entities employing no more than one foreign employee and submitting no more than one application for a work permit or one Declaration in a calendar year.
2) Working without work permit
The possible work period without work permit will be extended up to 12 months within 18 months on the basis of the Declaration to entrust work (currently, up to 6 months within 12 months period). The project also introduces a new way of counting work periods based on the Declaration to entrust work. The registration procedure according to the project will remain unchanged.
3) Working during the work permit application procedure
It applies to job position change, after at least one year of work, under a full time contract, for the same employer. In this situation, the work permit will be issued without the market test from the provincial Labour Office.
4) Termination of employment contract by virtue of law
The revocation of a work permit or other title entitling to work by a foreigner will result in employment contract or civil law contract termination – by virtue of law.
5) “Polish employer” versus “foreign employer”- definitions clarification
There will be a new definition of foreign employer for better contradiction to Polish one. Also, the links between those two will be clarified and more precisely defined.
6) Extension of the list of countries whose citizens will be entitled to work in Poland without having a work permit
Currently the citizens of six countries, i.e. the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation and Ukraine – can work without having a work permit, provided that a Declaration to entrust work is registered. The draft of the new Labour Market Act is considering increasing the number of “privileged” countries, however the list of those six countries is still unknown.
7) Permanent residence permits after only 3 years of work in Poland for selected group of countries.
The draft of the new Labour Market Act provides the possibility of applying for permanent residence permit in Poland after three years of contracted work, under the condition of fulfilling the obligatory social security coverage and contributions payment, for employees from Armenia, Belarus, Georgia, Moldova, Russia and Ukraine. In addition, after only one year of work, the possibility of obtaining a temporary residence permit for the purpose of family reunification is proposed.
Entry into force
The Act comes into force on 1st January 2019.
Legal basis:
The draft of the Labour Market Act from 29th June 2018.
Alert GAM 2019 – Planned changes in the employment of non EU citizens in Poland