BCC criticizes the draft law on the employment of foreigners

The Business Centre Club has presented the Council of Ministers with the position of the Committee on Migration Policy regarding the draft law on the admission of foreigners to the labor market. Consultations on the project, authored by the Ministry of Family, Labor and Social Policy, have been ongoing since the first half of the year. The most important change has been omitted. The project proposed by the Ministry could lead to the growth of the black labor market – warn the BCC experts.

The planned regulations will impact the entire labor market and can carry both economic and social consequences. The Ministry’s intent to guarantee decent working conditions for foreigners is undoubtedly justified, however, the way in which the Ministry of Family, Labor and Social Policy approaches this issue is inappropriate – reads the position of the BCC.

The influx of an increasing number of foreigners into Poland requires an urgent preparation of specific regulations regarding their access to the labor market. The Committee on Migration Policy operating under the BCC has repeatedly advocated for this. We appreciate some changes proposed by the Ministry of Labor, particularly those that strive to simplify and accelerate procedures related to employment of foreigners. However, we are deeply concerned with the amendments introduced into the project. I would like to note that after conducting consultations on the Government Legislation Center’s website, a version of the Project was published, which significantly differs from the content that had been submitted for consultation. An important change concerns introducing an obligation to employ a particular group of foreigners (employed based on a declaration procedure or work permit) only on the basis of an employment contract. Such a solution is inappropriate. It’s very inappropriate that it also hasn’t been included in the consultations. – emphasizes the BCC expert on labor law and social insurance, chairwoman of the BCC Committee on Migration Policy Joanna Torbé-Jacko.

The failure to consult public opinion in the legislative process violates the principles of a democratic state governed by the rule of law and once again undermines the trust of participants in social dialogue. – reads the position of the Committee on Migration Policy-

The Business Centre Club emphasizes that the planned regulation should have been preceded by conducting an in-depth analysis and extensive discussion with all concerned entities, especially an assessment of the economic impact of this change. Meanwhile, the change proposed by the Ministry of Labor is not supported by any statistical data. Such new regulations undermine the principles of economic freedom and the freedom to contract and can significantly impact the entire labor market. BCC experts also highlight that this kind of change is discriminatory and will lead to the growth of the black labor market.

Unequal treatment of both different categories of foreigners and foreigners and Polish citizens does not favor the socio-economic integration process of foreigners in Poland.