Although this is not explicitly stated in the legislation, such a conclusion may be drawn from an analogous provision concerning a board member. Similar applies to a works council. – Łukasz Chruściel, attorney at law, comments for Dziennik Gazeta Prawna.
Article here.
Doctors and nurses who do not have valid vaccination certificate will not be able to work in medical facilities, including hospitals, from March 1. Hospital directors should inform their teams as soon as possible that in case they do not have the certificate, they will not be able to work. – Paweł Sych comments for Dziennik Gazeta Prawna.
Article: here.
The Polish Deal introduced such big changes, that it is not surprising that management board members are looking for better solutions when it comes to the form of earning income within the company. – Kinga Polewka-Włoch comments for Dziennik Gazeta Prawna.
Article: here.
The catalogue of labour law sources in Art. 9 par. 1 of the Labour Code lists collective agreements as one of them, on the condition that the agreements were concluded on the basis of the law. There are some concerns which agreements should not be treated as such, and thus will not be law sources. – Kinga Polewka-Włoch and Mariusz Maksis comment for ius.focus.
Article: here.
The actual number of trade unions members is usually different from the declared. An appropriate measure was introduced to allow employers to verify the trade unions’ reliability and activity in accordance with regulations. – Agnieszka Nicińska and Michał Bodziony comment for the Magazyn Rekruter.
Article: here.
The Polish government announced an extension of the “Poland. Business Harbour” visa program. Applicants from Azerbaijan will be able to obtain a PBH visa. In total, the program is now open to foreigners from 7 countries (Azerbaijan, Belarus, Armenia, Georgia, Moldova, Russia and Ukraine). At the same time rules of the program will change for Belarus from 1 February 2022.
The PBH program is intended for IT specialists who want to start in Poland. The benefits remain unchanged: the possibility of obtaining a visa for one year in a simplified process (less documents required) for the employee and family members, the possibility of performing work without a work permit, and facilitating entry to Poland.
Holders of visas with the annotation “Poland. Business Harbour” are exempt from a requirement to hold a work permit during validity of the visa.
However, the regulations still contain a loophole. The loophole prevents legal performance of work after the PBH visa expires and before obtaining another document legalizing work in Poland (such as appropriate residence permit in Poland or a work permit).
Citizens of Azerbaijan are not able to perform work based on declaration on entrusting work to a foreigner (also known as Special Permission) which makes it possible to secure further right to work within under one month. Process of obtaining work permit for them may take even half a year or more, depending on region on Poland.
As PBH visas are issued for one year, we recommend to apply for documents legalizing further work well in advance. This allows to minimalize risk of losing right to legal work in Poland after expiration of PBH visa.
Visas under the PBH program are also issued to spouses and children of employees. The family members will be able to enter Poland without additional entry approval from Border Guard (that may be required based on restrictions introduced due to Covid epidemy). However, the PBH visa does not offer exemption from quarantine.
Currently, PBH visas are also available to specialists from Belarus, who can demonstrate their job experience or education in an IT field but have not yet found Polish employer. However, rules for Belarus will change from 1 February 2022. It will no longer be possible to obtain PBH visa without support of Polish company participating in the PBH program.
The change is not connected with cancellation of already issued visas. Foreigners from Belarus who obtained PBH visa without support of Polish employer, may still benefit from visas until end of their validity
This year brings a slew of changes to employment law. Let us guide you through the key things happening in employment law in 2022.
I. POLISH DEAL
As of 1 January 2022, the tax revolution designed to rectify social inequalities becomes a reality. The most important changes for employees are:
– taxpayers who transfer their place of residence to Poland and thus change their tax residence;
– parents of at least four children;
– working pensioners who, despite acquiring the right to a retirement pension, chose not to collect it.
II. MINIMUM WAGE INCREASE
The minimum monthly wage this year is 3,010 zl gross (2,363.56 zl net) which means it is increased by 210 zl gross.
The minimum hourly wage for a contract of mandate is 19.7 zl gross (13.91 zl net), which is 1.40 zl gross more than in the last year.
The minimum wage rise will entail the increase in the wage-related benefits, such as the maximum amount of the severance pay, as well as night and downtime allowance.
III. CHANGES IN BENEFITS
2022 also brings changes in social insurance benefits, especially in sick pay calculation.
Sick pay for the period of hospital stay
This year, sick pay for the period of hospitalization will amount to 80% of the benefit assessment basis instead of 70%.
Sick pay after employment termination
After the insurance expiry, sick pay will be paid for up to 91 days (previously 182 days). This rule will not apply to women unable to work during pregnancy. An applicable benefit period during employment remains unchanged.
Recalculation of the benefit assessment basis
Beginning from 2022, the benefit assessment basis will not be recalculated if there was no break between benefit periods or if it was shorter than a calendar month. Currently, the assessment basis is recalculated if the break in drawing benefits is at least 3 calendar months.
Simpler rules for determining the benefit period
Currently, if there are breaks in the inability to work, the previous period of inability to work is included in the benefit period provided that it is caused by the same illness and the break is no longer than 60 days. As of this year, the reason for the inability to work before and after the break will not be relevant.
Right to benefits despite delay in payment of contributions
From 1 January 2022, late payment of contributions will no longer result in loss of voluntary sickness insurance cover. New regulations will make it possible for persons who become incapable of work during the period for which they are in arrears with contributions higher than 1% of the minimum monthly wage to acquire the right to the benefit. They will no longer have to submit applications to the Social Insurance Institution (ZUS) for permission to pay contributions after the deadline. They will acquire the right to the benefit after the overdue contributions are settled. However, if they fail to pay it up within 6 months from the day on which the right to the benefit arises, the right will expire.
IV. THE WHISTLEBLOWER ACT
17 December 2021 was the deadline for transposing the EU Directive on whistleblower protection. Unfortunately, we did not get to see the final version of the Act. According to the Deputy Minister of Family and Social Policy, it should be ready no sooner than in the first quarter of 2022. However, now is a good time to start working on the whistleblower procedure. There are many issues that require careful deliberation and internal consultations within the company. It is better to start planning now than be caught unprepared by the sudden legislation changes.
V. WORK-LIFE BALANCE DIRECTIVE
Poland is bound to transpose the EU Work-life balance Directive until August 2022. The purpose of the Directive is to endorse the principle of gender equality in the labour market and to encourage more even distribution of parental duties. The proposed solutions include 5-day carers’ leave and time off from work on grounds of force majeure.
VI. SICK LEAVE FOR BURNOUT?
A hot topic that has hit the headlines a few weeks ago is the long-awaited opportunity to take medically-certified sick leave for professional burnout as of 1 January. However, this information is not entirely true and may be misleading. The fact is that the latest revision of the International Classification of Diseases and Related Health Problems (ICD-11) came into effect at the beginning of the 2022. However, not yet in Poland. Even though burnout is, in fact, listed there, it is not registered as a new disease entity but as a syndrome that can affect employee health. This is a fundamental difference from the perspective of sick leave eligibility, which is based on diagnosing an employee with a disease that renders them temporarily unable to perform work. Presently, ICD-10 is applicable in Poland and a 5-year period has been provided for implementing the Eleventh Revision.
VII. NEW OFFENCES IN THE LABOR CODE
Other significant changes to employment law include amendments to the list of offences against employee rights introduced at the end of 2021. Employers have been included in the system for counteracting child support debtors. It means that employers may be subject to a fine between 1,500 zl and 45,000 zl if they fail to confirm in writing an employment agreement concluded with an employee who is:
The same will apply to persons who dishonestly pay salaries higher than indicated in the employment contract and do not make child support deductions for an employee listed in the National Debtors Register.
VIII. IMMIGRATION
The new year brings also new developments in the employment of non-nationals in Poland. First of all, the existing procedures for issuing temporary residence and work permits and visas have been streamlined. The amendment to the Act on non-nationals and certain other acts, adopted by the Sejm in November and passed on to the Senate, extends the period when a non-national is allowed to work based on an employer’s declaration of entrusting work to 24 months. The changes will cover citizens of six countries: Armenia, Belarus, Georgia, Moldova, Russia and Ukraine. The amendment also includes facilitation measures for granting work permits and temporary residence permits for non-nationals who take up employment in companies considered “strategic” for the Polish economy. Which companies are granted such a status is to be decided by the minister for the economy.
IX. VERIFICATION OF COVID-19 TESTS
A new law is expected to be adopted at the beginning of the year to enable employers to request employees (and persons employed under civil law contracts) to provide information about a negative result of a COVID-19 test taken up to 48 hours before. Employees who provide a vaccination or recovery certificate will be exempt from this obligation. The draft also provides for measures available to employers in case an employee refuses to provide such information.
X. PLANNED AMENDMENTS TO THE LABOUR CODE
At least two significant amendments to the Labour Code are planned for 2022. The long-awaited changes include remote working regulations and provisions enabling employers to carry out alcohol testing in the workplace. The regulations on remote working are to replace teleworking regulations. According to the draft, remote working will, in principle, be taken up voluntarily, based on the will of the employment relationship parties. Employers will be allowed to request employees to work remotely only in particular circumstances. Furthermore, employers will also be obliged to determine the rules for reimbursing employees working remotely for their job-related costs. It is not yet known when exactly and in what final form the new regulations will take effect.
Download: here.
The purpose of new regulations is clear: to increase the percentage of public vaccinations against COVID-19. Companies employing 100 or more workers will have a responsibility to make sure that all employees are vaccinated against COVID-19 or have them undergo tests weekly. – Marcin Sanetra and Łukasz Marzec comment for Rzeczpospolita.
Article: here.
The President of Poland has signed the law amending the Foreigners Act. The changes are important and are aiming at accelerating and facilitating procedures for working foreigners. We present them below:
1) Applications for a temporary work and residence permit i.e. so-called single permit (submitted after the entry into force of the new regulations) will be considered on simpler terms – fewer documents will be needed.
For such applications, it will not be required to submit:
2) The single permit may be amended in order to perform work for a new entity.
3) Possibility to perform work under new conditions without amending the single permit or work permit:
4) Introducing the possibility of prioritized processing of applications for a single permit or a work permit in case of employment of a foreigner by an entity of strategic importance for the Polish economy.
5) The processing time for new applications for a temporary residence will be set at 60 days. For appeal processes, the deadline will be 90 days.
6) The amount of remuneration for applications for an EU Blue Card residence permit will be verified on the basis of the level of remuneration corresponding to the date of submission of the application, and not according to the year in which the employment contract was concluded.
7) All applications for single permits submitted before January 1, 2021 will be considered in a special, simplified procedure:
8) Changes in processes regarding declarations on entrusting work to a foreigner (so-called Special Permission):
9) Procedural facilitations for persons applying for the Pole’s Card (Karta Polaka), especially minor children applying together with their parents
The changes will come into force 14 days after their publication in the Journal of Laws. Therefore, we expect the new rules to apply still in January.
Download PDF here
It is planned to eliminate an automatic extension of the legal stay of foreigners (from outside the EU), introduced due to the coronavirus epidemic.
The change mainly concerns foreigners who did not have a Polish visa or a residence permit (e.g. they came to Poland on the basis of a visa-free movement) and have not yet submitted a residence permit application.
The solution was adopted back in 2020 due to limitations in the work of immigration offices. Foreigners have the option of submitting a residence application at a later date (i.e. later than it results from the expiry date of their legal stay in Poland). The extension of the stay was originally planned for the entire duration of the epidemic state in Poland and additionally for 30 days after its cancellation.
The draft containing the removal of the extension is currently still at the stage before being sent to the Polish Parliament. However, it is concerning that such a significant change was introduced quietly, only in a subsequent version of the draft regulation.
After the law enters into force, foreigners will have to regularize their status within 30 days. We recommend to submit applications legalizing further stay in Poland as soon as possible. Availability of appointments for submitting an application is very limited in some immigration offices in Poland.
In the current version, the draft does not introduce the removal of other important solutions for foreigners, which were introduced due to the pandemic (e.g. extension of work permits). However, further changes are possible. We monitor them on an ongoing basis.