Latest changes in the rules for employment of Ukrainian citizens
The changes in the rules for employment of Ukrainian citizens, which came into force on July 1, 2024, aim to facilitate the recruitment process and adapt the regulations to the current needs of the labour market. The introduced changes are relevant for both, employers and employees from Ukraine, as they affect employment procedures, working conditions, and information obligations.
Below we present the most important changes.
Clarification of the conditions for the right to work in Poland by Ukrainian citizens
According to the latest amendments, the following conditions must be met in total:
- The Ukrainian citizen is legally resident in Poland.
- The employer notifies the relevant District Labour Office of the start of work within 7 days from the start of work by the Ukrainian citizen.
- The working hours must not be shorter than those specified in the application or the number of hours must not be less than the number of hours specified in the application.
- The Ukrainian citizen receives a salary that cannot be lower than that specified in the application or that is calculated according to the rate specified therein and is proportionally increased if the working hours or number of hours are increased.
- The salary received by the Ukrainian citizen meets the requirements specified in the minimum wage regulations, of these provisions apply.
Change in the deadline for notifying the District Labour Office about the employment of a foreigner
Since the amendments came into force, employers are obliged to notify the District Labour Office within 7 days (instead of the previous 14 days) of the employment of a foreigner.
It is important to note that this obligation does not apply if the Ukrainian citizen works in Poland in accordance with Article 87 of the Act of April 20, 2004, on the promotion of employment and labour market institutions, i.e., on another basis for legal employment unless a temporary residence and work permit has been issued, for which a notification obligation applies.
Re-notification of employment
The legislator introduced a change whereby the notification must be repeated within 7 days if:
- The type of contract between the employer and the Ukrainian citizen changes, or
- The position or type of work changes, or
- The working hours or number of hours per week or month as specified in the notification are reduced, or
- The monthly or hourly wage rate, as specified in the notification, is reduced.
New obligation for Ukrainian citizens and employers
A Ukrainian citizen is obliged to inform the employer employer within 7 days of receiving the decision on issuing a temporary residence and work permit. The foreigner’s work during this period is considered legal. The issuing authority will inform the Ukrainian citizen about this obligation.
The employer, in turn, is obliged to send a notification to the District Labor Office (within 7 days) if the foreigner worked in Poland before the issuance of the temporary residence and work permit, in accordance with Article 87 of the Act of April 20, 2004, on promoting employment and labour market institutions and intends to continue working for the same employer.
Summary
The changes, which came into force on July 1, 2024, aim to optimize the process of employing Ukrainian citizens and ensure compliance with current labour legislation. It is crucial for both employers and employees to be aware of the new obligations and deadlines in order to avoid potential legal complications. Regular monitoring and adaption to new regulations is essential to ensure smooth and legal employment of Ukrainian citizens in Poland.
Source: The article was created in collaboration with our cooperation partner – SDZLEGAL Schindhelm Law Office
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