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Easier employment of foreigners

17.11.2021

On 17 November 2021, the Sejm adopted an amendment to the Act on foreigners and certain other acts, which amends, inter alia, the Act on the promotion of employment and labour market institutions.

Easier employment of foreigners

The major changes to the Act on the promotion of employment and labour market institutions refer to:

  • Changes in employing foreigners based on a declaration of entrusting work to a foreigner.

Work on the basis of declarations of entrusting work to a foreigner will be possible for up to 24 months. This will apply to 6 countries just as it is now (Armenia, Belarus, Georgia, Moldova, Russia, Ukraine). There will be no 12-month “settlement” period any longer, which will allow to entrust work to a foreigner on a continuous basis pursuant to subsequent declarations. The changes will reduce the burden on employers and authorities and will contribute to reducing the current common staff shortages.

Also, entering the declaration into the register was made conditional upon providing a comparable remuneration by the employer, which is to ensure greater protection of the Polish labour market.

A facility for employers has also been introduced, consisting in extending, to 7 days, a period for informing the district labour office about the commencement of work by a foreigner.

  • The possibility of introducing facilities with regard to granting work permits and temporary residence and work permits for foreigners who will work for entrepreneurs pursuing activities of strategic importance for the national economy.

The Minister in charge of the economy will be able to define, by regulation, a list of entities pursuing activities of strategic importance for the national economy. Applications for granting permits related to work for entrepreneurs pursuing such activities would be considered in the first instance.

The main amendments to the Act on foreigners apply to streamlining procedures for granting temporary residence and work permits and visas.

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