Poland is preparing to implement a new migration policy that could significantly alter the situation for both employers and foreigners seeking employment. The key changes aim to streamline the procedures for hiring foreigners, eliminate abuses, and reduce restrictions on employment forms. The proposed regulations also include stricter penalties for illegal employment of foreigners and enhanced control and supervision mechanisms. Experts from Smart Solutions HR explain how these changes will impact the labor market and what they mean for both employers and employees.
Higher Penalties and More Frequent Inspections
The Special Committee for Reviewing Draft Laws on the Labor Market and Foreigners Residing in Poland is working on two key legislative proposals concerning the employment of foreigners. On Friday, the Polish Sejm (Parliament) passed one of these proposals – the Act on the Conditions for Permitting Foreigners to Work in Poland. The provisions of the bill align with the objectives of the migration strategy, “Regaining Control, Ensuring Security,” adopted by the Council of Ministers in October. The new regulations aim to introduce faster and more efficient procedures while minimizing potential abuses. The bill proposes full digitization of administrative processes, which will reduce the waiting time for work permit decisions. Currently, the average processing time for an application is several months.
The bill also introduces stricter sanctions for companies employing foreigners without the necessary permits. Employers may face fines ranging from 3,000 to as much as 50,000 PLN for each violation. Additionally, new grounds for refusal of a permit have been introduced – entities created solely to facilitate foreigners’ entry into Poland may receive a negative decision. Compliance with the new regulations will be ensured through more efficient, frequent, and unannounced inspections by the State Labor Inspectorate and Border Guard.
Employment Contract Requirement?
One of the most debated provisions in the bill concerns employment forms. The initial version of the bill mandated employment contracts for foreigners. However, after public consultations, this provision was modified. The current proposal allows a civil law contract between a direct employer and an employee while suggesting a mandatory employment contract between the worker and a temporary employment agency. This provision was upheld during the latest committee meeting.
“Foreigners often come to Poland primarily for economic reasons. They are primarily interested in a high number of working hours, as this form of employment provides them with the greatest financial benefits. On the other hand, an employment contract is preferred by those who plan to stay longer or settle in Poland. As an agency, we want to offer people a choice,” explains Natalia Myskowa, Managing Director at Smart Solutions HR.
Integration and Adaptation
The proposed bill also addresses issues related to the adaptation of workers from different nationalities. The new regulations include the implementation of programs to support the integration of foreigners, provide education on labor rights, offer assistance in learning the Polish language, and establish support centers for foreigners in the labor market. Employers who take measures to help foreign workers integrate will be eligible for financial incentives, such as subsidies from the Labor Fund for training and activation programs for foreign employees.
The bill also incorporates provisions aimed at preventing negative phenomena, such as limiting Polish citizens’ access to jobs. The latest version of the bill introduces limits on work permits or declarations on entrusting work to a foreigner. Additionally, control authorities will have increased powers to monitor the legality of foreign employment. This measure aims to eliminate unfair labor market practices that could negatively impact employment opportunities for Polish citizens. Experts from Smart Solutions HR point out that in some cases, these regulations could lead to labor market imbalances across different regions of the country.
Balancing Market Needs and Migration Policy
“The proposed changes to the Foreign Employment Act are stirring strong emotions among politicians, entrepreneurs, and labor market experts,” says Tetiana Hrynchyshyn, a specialist in legalization at Smart Solutions HR. “On one hand, the regulation aims to streamline procedures, increase transparency, and eliminate abuses. On the other hand, some argue that it may restrict access to the labor market for foreigners, posing challenges for employers struggling with labor shortages. The law has the potential to regulate key issues related to the employment of foreigners, but its final form should consider both labor market needs and migration policy goals. Striking a balance between facilitating employment for businesses and ensuring effective legal control is crucial for creating stable and transparent conditions for foreign workers in Poland,” she concludes.
Source: ManagerPlus
