“Access to the labor market”
Important changes for foreign workers

Contents

1. Holders of free access to the Polish labor market
2. Proposed changes in the rules for issuing work permits
3. Criticism of the draft law by the Ministry of Family, Labour and Social Policy of Poland
4. Restrictions and new requirements for different categories of employers

The Ministry of Family, Labour and Social Policy of Poland recently presented a new version of the draft law on foreigners’ access to the labor market (No. UC46). In the initial version of the draft from May 15 this year, employers could hire foreigners based on an employment or civil law contract. After lengthy consultations, a new version was presented in August, which introduced the requirement to issue work permits only when an employment contract is in place. In September, the draft was amended again; however, the requirement to employ foreigners on a full-time basis based on a statement of assignment of work to a foreigner (oświadczenia o powierzeniu pracy cudzoziemcowi) remains in force.

It should be noted that some foreigners in Poland have free access to the labor market and therefore do not need to obtain a work permit. For example, holders of the Polish Card, permanent residence permit holders, certain types of temporary residence permits, as well as people with a humanitarian visa and citizens of Ukraine.

Other foreigners must obtain a work permit for employment in the Republic of Poland. There are several types of permits, for example:

Statement of assignment of work to a foreigner (Oświadczenie o powierzeniu wykonywania pracy cudzoziemcowi). It is issued for two years for citizens of Ukraine, Belarus, Georgia, Armenia, and Moldova. Typically, the permit is processed within seven working days.