Poland | Immigration | New obligation to legalise work of Ukrainian nationals in Poland

2 February 2023

Immigration

Poland | New obligation to legalise work of Ukrainian nationals in Poland

Impact: High

Summary

On 28 January 2023, the amendment of the Act on support to Ukrainian citizens in connection with the armed conflict on the territory of this State (hereinafter: the Special Act) came into force. In accordance with its provisions, an additional obligation was introduced for the employer to notify the Local Labour Offices of the commencement of an employee whose residence permit with a right to work was issued with a reference to the aforementioned Act.

The Detail

On 28 January 2023, the amendment of the Special Act came into force.

The amendment provides for an obligation of the employer to notify the Labour Office about the commencement of work of the UA national who received a residence permit with a right to work but exempted from the work permit based on the Special Act.

An employer is obliged to notify the Local Labour Office of the entrustment of work to a Ukrainian citizen within 14 days in the following cases:

• commencement of work
• renewal of an employment contract e.g. for an indefinite period of time
• change of job position within a company
• receipt of a residence permit with a right to work decision with the annotation on work permit exemption under the Special Act
• the residence permit decision had been issued before the amendments to the Special Act (e.i. 28 January 2023) came into force, in such a case the filing deadline is 14 days as of entering the new law into force.

 

What this means

Employers should verify the legal status of their employees and implement the measures that will allow them to comply with the legal deadline for notifying the Local Labour Office. Non-compliance may be treated as illegal employment subject to fines and even a ban for hiring foreign nationals.

How we can help

Vialto team can help with:

• Verification of the immigration statuses of the foreign employees – immigration audit
• Implementing control measures in the company
• Managing and tracking immigration cases through the innovative platform
• Immigration compliance – work and residence authorizations and completing other immigration obligations on behalf of the employer and the employee.

 

Contact us

For a deeper discussion on the above, please reach out to your Vialto
Partners point of contact, or alternatively:
Emilia Piechota, Director | emilia.piechota@vialto.com
Filip Kowalski, Manager | filip.kowalski@vialto.com
Tomasz Kupiec, Consultant | tomasz.kupiec@vialto.com
Further information on Vialto Partners can be found here:
www.vialtopartners.com

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