Legal Employment of Foreigners Only on Employment Contracts – New Ministry of Labor Proposal

LAWLegal Employment of Foreigners Only on Employment Contracts – New Ministry of Labor Proposal

The Ministry of Family, Labor, and Social Policy, in an amendment submitted through a circular process to the draft of the Act on the Conditions of Employing Foreigners in the Territory of the Republic of Poland (formerly: Draft Act on Foreigners’ Access to the Labor Market), proposes that a work permit for a foreigner will only be issued if the individual is employed in Poland under an employment contract.

“We are surprised that such an amendment was introduced without consultation with social partners. As employers who hire foreigners, we are deeply concerned by this,” commented Karolina Szleszyńska, Vice President for Legal Affairs at Gremi Personal. “Every year, the ‘Occupations Barometer’ published by the Ministry of Labor itself shows that the largest professional group in shortage is physical laborers. Meanwhile, under the amendments proposed by the Ministry, only an employment contract would guarantee legal employment, which, given the scale of labor market needs, is unrealistic for many financial, organizational, and legal reasons. If this interpretation of foreign employment is maintained, there are serious concerns that, in the future, it will not lead to tightening labor market controls but instead to the growth of the gray economy, which we as employers are also fighting against. Recently, we joined as signatories to the Diversity Charter of the Responsible Business Forum to further emphasize how much we value the good integration of foreigners into the Polish labor market.”

The draft is expected to be reviewed by the Council of Ministers in the fall and then sent to the Sejm.

Source: [Manager Plus](https://managerplus.pl/legalne-zatrudnienie-cudzoziemca-tylko-na-umowe-o-prace-nowy-projekt-ministerstwa-pracy-16886)

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