POLISH NEW LEGISLATION ON SIMPLIFIED PROCEDURES OF EMPLOYING UKRAINIAN CITIZENS
In Poland there has entered into force the Act of 12 March 2022 on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that country (Journal of Laws of 2022, item 583).
The adopted special act regulates the issues of stay of Ukrainian citizens in Poland. It also assumes a number of solutions related to the labor market. The most important thing is to open access to the labor market for Ukrainian citizens.
Admitting Ukrainian citizens to work in Poland will not require a work permit or a declaration of entrusting work, as it has been so far. The only formal requirement is the obligation for the employer to notify employment offices about entrusting work for a citizen of Ukraine.
The employer has 14 days from the date of starting work by the Ukrainian citizen to fulfill this obligation. The notification shall be submitted via the praca.gov.pl portal. The solution applies only to Ukrainian citizens, not all foreigners. The special act also gives Ukrainian citizens the possibility of simplified registration – as unemployed and jobseekers – in poviat labor offices.
EMPLOYING THE CITIZEN OF UKRAINE
If the employer wants to hire a citizen of Ukraine, he can submit his job offer via the online form at praca.gov.pl, send it to the e-mail of the employment office or report it in person at the nearest poviat labor office.
In the comments to the offer, there should be added a comment that it is addressed to the citizens of Ukraine. It is also worth translating the offer into Ukrainian to increase its availability. The employment office can help with translation.
In order to submit a job offer, the following information need to be prepared:
- company name, address, telephone number, tax identification number,
- name of the job position, number of vacancies within the position, taking into account the number of vacancies for disabled people,
- general scope of duties,
- place of work,
- type of contract constituting the basis for the performance of work,
- the amount of the proposed gross remuneration,
- date of commencement of work, information on the system and schedule of working time, remuneration system, working time and employment period in the case of work under a contract of employment or the period of performance of the contract in the case of a civil law contract,
- what are the expectations of job candidates, including: level of education, skills, qualifications, professional experience, knowledge of foreign languages, including the level of their knowledge.
The new regulations introduce a special legal basis for the recognition of the stay of Ukrainian citizens (counting from February 24, 2022 to the date specified in the regulation of the Council of Ministers), when they legally entered the territory of Poland directly from the territory of Ukraine, and declare their intention to stay in Poland.
The Act provides that if the entry of a Ukrainian citizen to the territory of Poland has not been registered by the commanding officer of the Border Guard post during the border control, the Commandant in Chief of the Border Guard will register his stay at his request, submitted no later than 60 days from the date of entry into the territory of Poland at any time. the executive body of the commune.
The new regulations also define the issue of further legalization of stay of Ukrainian citizens who entered the territory of Poland directly from the territory of Ukraine in connection with the hostilities conducted there.
A citizen of Ukraine will be required to submit an application for a temporary residence permit not earlier than 9 months from the date of legal entry to Poland, and not later than within 18 months from that date. An application submitted before 9 months from the date of entry will not be examined.
A temporary residence permit will be issued by the voivode competent for the place of residence of the Ukrainian citizen on the day of submitting the application. In the case of later changes of the place of stay of a citizen of Ukraine, the voivode to whom the application was originally submitted will be competent to examine the application. In the scope not regulated by the draft act, the provisions of the act on foreigners will apply to the temporary residence permit.
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