New solutions for Ukrainian citizens | PRO HR Alert

2022.03.04

New regulations are to enable Ukrainian citizens to take up employment without the need to obtain a work permit.

This results from the draft law on assistance to Ukrainian citizens in connection with the armed conflict on the territory of that country.

In order to employ Ukrainian citizens who legally reside in Poland, it will be sufficient to notify the district labour office competent for the seat or place of residence of the employer. Such notification will have to be sent via the praca.gov.pl portal within 7 days from the start of employment.

The notification is to include such information as data on the entity providing the work, personal data of the Ukrainian citizen and the type of agreement between the parties.

The draft additionally assumes the possibility of establishing a limit up to which Ukrainian citizens could be employed in a special mode. Such a limit could be determined by an ordinance of the minister in charge of labour.

It would be established in relation to the number of all persons employed by a given entity. When setting such a limit, the minister would be guided by "considerations of state security and public order, protection of local labour markets and the principle of complementarity of employment of foreigners in relation to Polish citizens".

Moreover, Ukrainian citizens are to have the possibility to register and be recognised as unemployed or seeking work.

The draft also provides for the entitlement of Ukrainian citizens to:

  • family benefits referred to in the Act on family benefits,
  • upbringing benefit, referred to in the Act on state aid in upbringing of children, if they reside with children on the territory of the Republic of Poland
  • a good start benefit, referred to in the regulations issued on the basis of Article 187a of the Act on Support for the Family and the System of Foster Care, if she/he resides with children on the territory of the Republic of Poland
  • family care capital, referred to in the Act on Family Care Capital, if she/he resides with children on the territory of the Republic of Poland,
  • co-financing of the reduction of the parent's fee for the child's stay in a nursery, children's club or with a day care provider, referred to in the Act on care over children up to 3 years of age.

Additional assistance is to be provided to Ukrainian citizens with disabilities. The project assumes the possibility of allocating specific funds for activities addressed to such persons according to principles set out in programmes approved by the Supervisory Board of the State Fund for Rehabilitation of Persons with Disabilities, as well as according to principles set out in programmes financed by the Solidarity Fund.

The use of solutions provided for in the draft will be possible under the condition that the Ukrainian citizen is legally staying in Poland on the basis of previous regulations or his/her stay in Poland will be recognized as legal under the provisions of the special act. According to the assumptions, a person entering the territory of the Republic of Poland from 24 February this year will be granted legal residence for a period of 18 months.