A draft law to the Act on Assistance to the Citizens of Ukraine in connection with the armed conflict on the territory of this country has been published. The draft brings number of changes relevant to employers. Some of the changes are related to the planned termination of the EU temporary protection which is valid only until March 4, 2025. 

(1)    Changes in the notifications regarding entrustment of work to the Ukrainian nationals: 

a.    Deadline for the employer to submit the notification will be shortened from 14 to 7 days;
b.    The salary cannot be lower than the amount of the minimum wage, and the hourly rate cannot be lower than the amount determined according to the minimum hourly rate as given in the provisions of the law on the minimum wage;
c.    It has been clarified that a second notification in case of employment of the same Ukrainian national must be submitted only if the employer has to make a new registration for the social insurance;

(2)    The residence permits of Ukrainian nationals will be extended until September 30, 2025. The validity of visas and temporary residence permits will be extended. 

(3)    Certain family members of the Ukrainian nationals will be granted with the right to apply for a temporary residence permit for family reunion. The right to apply for a residence permit will apply to family members of a foreigner residing in Poland on the basis of eg. a residence permit for the purpose of work in a highly qualified profession (EU Blue Card) or a permanent residence permit. Having UKR status will be required to apply.  It will still not be possible for family members of a foreign national residing on the basis of a regular temporary residence and work permit to obtain a temporary residence permit.

(4)    Ukrainian nationals who stay in Poland due to the war, regardless of whether they are employed, will be able to apply for a one-time temporary residence permit issued for a period of 3 years. Once the permit is obtained, the Ukrainian national will lose their UKR status. The permit will entitle to work in Poland without a work permit or to open business activity on the same terms as the Polish citizens. In order to obtain the permit,  Ukrainian national must demonstrate UKR status as of March 4, 2024, and continue holding this status on the date of application. It will only be possible to apply for the permit electronically.

The amendment is subject to enter into force on July 1, 2024.