One of the draft laws being prepared is the Act on Conditions for Admissibility of Employment of Foreigners in the Territory of the Republic of Poland (known earlier as the draft Act on the Access of Foreigners to the Labour Market).

The proposed regulations state that in order to receive a work permit, a declaration on entrusting work to a foreigner, and a permission for a temporary stay in order to perform work, it will be necessary to sign an employment contract with an applicant. The legislator wants to limit the possibility of entering into civil law agreements.

These changes will not be applicable to persons with a free access to the labour market, including Ukrainian nationals and persons applying for a temporary work permit to perform work in a profession requiring higher qualifications (EU Blue Card).

The legislator also plants to:

• oblige the entities entrusting work to provide the employment contract entered into with a foreign national to the relevant authorities;
• extend the grounds for refusing a work permit;
• increase the minimum amount of fines for illegal entrusting of work to a foreign national and for illegal performance of work by a foreign national.

The authorities will be obliged to refuse to issue documents legalising work in Poland if the circumstances indicate that the applications to obtain them were made for the sake of appearances, only in order to get a visa.

It is planned that the Act on Admissibility of Employment of Foreigners in the Territory of the Republic of Poland should come into effect on 1 January 2025.
 

Find more in the PRO HR September 2024