The Act on the Conditions for Allowing Foreigners to Work Has Been in Force Since June 1, but Its Provisions Raise Many Questions.
The Act on the conditions for allowing foreigners to undertake work has been effective since June 1, yet many of its provisions cause uncertainty. Based on a document prepared by the Labor Market Working Group operating within the Entrepreneurs’ Council at the Polish Ombudsman for Small and Medium Enterprises (SMEs), Minister Agnieszka Majewska submitted a request to the Ministry of Family, Labour and Social Policy for the issuance of legal clarifications regarding the provisions whose interpretation raises doubts among entrepreneurs and experts. The aim of these clarifications is to ensure uniform application of the law and to streamline the procedure for handling cases by the competent authorities.
The list of several points that, according to the SME Ombudsman, require clarification begins with a provision stating that in the case of assigning a foreigner by the entity entrusting the work to another entity, this may only take place based on an agreement with a temporary work agency. Many entrepreneurs find it unclear whether this provision excludes the possibility of providing process outsourcing services involving foreigners. Moreover, if the legislator’s intention is not to eliminate the permissibility of process outsourcing, Minister Majewska asks whether it is correct practice for authorities responsible for legalizing foreigners’ work to require the entity entrusting the work to present an entry in the register of employment agencies.
Another question concerns whether an entrepreneur who concludes an agreement with a foreigner registered in the Central Registration and Information on Business (CEIDG) for performing work or providing services as part of the foreigner’s business activity is exempt from verifying the legality of the foreigner’s stay. Agnieszka Majewska also inquires, among other issues, whether after the Act’s entry into force, foreigners employed under mandate contracts (umowa zlecenie) will be able to perform work incidentally for a greater number of hours without the need to change their work permit.
The full version of the submission to the Ministry of Family, Labour and Social Policy is available as an attachment to the official announcement. We will inform interested entrepreneurs immediately upon receiving the Ministry’s response.
Source: ceo.com.pl
