Month: February 2022

On 25 February 2022, quarantine restrictions for persons crossing border with Ukraine due to the war were lifted. Persons escaping from Ukraine will not be required, in particular, to show a negative test result for SARS-CoV-2 or undergo a mandatory 7-day quarantine after entering Poland.

The changes are aimed at ensuring smooth movement of travellers at the Polish-Ukrainian border. The quarantine may still apply to persons moving from Ukraine without connection to the armed conflict, although at the moment the priority of the Polish authorities is to ensure smooth entry for persons arriving from Ukraine.

Travellers from all other directions (including those entering from the EU), may still be subject to a 7-day quarantine, depending on their status and/or having a negative result of a Covid test or holding a confirmation of vaccination against Covid. The general quarantine measures were extended from 28 February until 31 March 2022.

A ban on the entry into Polish airspace of planes operated by air carriers from the Russian Federation was introduced on 26 February 2022. This action is part of the sanctions imposed by Poland and the European Union on Russia, related to the armed conflict in Ukraine. End date of the ban is not specified.

At the same time, the suspension of passenger rail traffic between Poland and Belarus has been extended until 31 March 2022.

As of Thursday, 24 February 2022 the Ukrainian authorities announced general military mobilization. Ukrainian citizens who receive the conscription order, will have to report to military duty or face criminal liability under Ukrainian law. As of yet it is not known if and how the conscription orders are going to be delivered to Ukrainian citizens residing in Poland. There is no agreement between Poland and Ukraine regulating any assistance of Polish authorities in the enforcement of the military mobilization.

The military mobilization does not give rise to any legal obligations on the part of Polish companies which employ Ukrainian citizens. The employers are free to agree termination of employment upon mutual agreement, paid leave or unpaid leave with employees departing to Ukraine. Employer can also recognize the employee’s absence as justified absence with or without right to remuneration retained.

 

Ban on leaving Ukraine for men and strategic professionals

In connection with the general mobilization, Ukrainian authorities have forbidden men aged 18-60, from leaving the borders of Ukraine. The departure ban is also being enforced with regard to persons outside of the above group, qualified in strategic professions (e.g. medical professions).

 

Possibility of entry to Poland

On the Polish side there are no restrictions on entering Poland for Ukrainian citizens.

Ukrainian citizens who hold biometric passports can enter Poland in visa-free movement allowing stay of up to 90 days (with possible extension).

Persons without biometric passport can enter Poland on the basis of a special permission granted at the border by the Border Guard for up to 15 days (with possible extension). The Border Guard requires any document (e.g. Ukrainian ID or birth certificate for children) upon entry. This means that entry is possible also for persons who do not carry a passport at all.

 

Further stay in Poland

The initial periods of 90/15 days of stay can be extended in-country by e.g. applying for a temporary residence permit or international protection. Pending the application process, the applicant is allowed to remain in Poland.

Furthermore, current provisions related to Covid-19 pandemic remain in force, which automatically extend the right to stay in Poland, subject to submitting an appropriate application later on (even after the initial 90/15 days of stay).

Persons who do not have a secured place of accommodation in Poland are directed to reception points near the border where they can receive further assistance. It is not obligatory to stay at the reception point pending international protection application process in case of persons who have a place to stay.

 

Right to work after entry

 Ukrainian citizens who arrived in Poland based on visa-free movement have the possibility to start work after securing a permit registered at the labour office (for up to 2 years). At the same time, they need to secure an extension of the right to stay in Poland (e.g. by applying for a temporary residence permit).

Currently, possibility of starting work on the basis of the labour office issued permit does not apply to persons who entered based on the 15-day special permission from Border Guard.

Persons who applied for international protection are not allowed to work during first 6 months of the application process. Afterwards they can obtain a certificate confirming pending process which authorizes them to perform work.

 

Planned changes – special legislation

The government is planning to adopt new legislation (possibly even in the first week of March) aimed at allowing Ukrainian citizens to work in Poland on terms more beneficial than those presented above.

 

Quarantine, Covid Testing and Vaccinations

Effective 25 February 2022 persons incoming from Ukraine (regardless of citizenship) are exempt from post-entry quarantine.

It is not necessary to present a negative Covid test or vaccination proof to be admitted to enter Poland.

 

Alert available in special issue of HR | Perspectives Helping Ukraine here.

Many businesses may avoid liability. Criminal sanctions practically apply only to individual entrepreneurs or partners in general partnerships. There are no legal grounds to impose such sanctions on a management board member or the company itself – Miłosz Awedyk, Jakub Grabowski and Michał Olejniczak comment for Dziennik Gazeta Prawna.

The article is available here.

In connection with Russia’s attack on Ukraine, we are starting a series of entries about the possibilities of supporting employees from Ukraine (already employed in Poland) and solutions related to the arrival and stay in Poland of foreigners leaving Ukraine.

Today’s attack by Russia on Ukraine caused some of the citizens of Ukraine to flee to Poland. Due to attacks on Ukrainian cities, Polish consular posts have suspended their operation and it is not possible to obtain visas to Poland.

However, Ukrainian citizens can still enter Poland, e.g. on the basis of visa-free movement (if they hold a biometric passport). The period of stay in Poland without visa applies for up to 90 days, with the possibility of its further extension.

Foreigners who want to leave Ukraine, but do not have a visa or the option of visa-free movement, have the opportunity to apply for entry to Poland for a period of 15 days (on the basis of a permit granted by the Border Guard at the border). It is also possible to apply for international protection (e.g. refugee status) – in this case, the foreigner may be directed to one of the prepared reception points after crossing the border if does not have accommodation in Poland.

On the border with Ukraine, since February 19 there are no longer restrictions on the entry of foreigners due to the coronavirus pandemic. It means that potentially every foreigner may cross the Polish border, despite the ongoing epidemic. It is also not necessary for example, to have a negative test result or confirmation of vaccination against Covid-19 to enter Poland.

At the same time, urgent work is underway on a new regulation aimed at eliminating quarantine after entry to Poland for persons arriving from Ukraine. The government is also developing further technical and legal solutions in order to prepare for the arrival of a large group of foreigners to Poland.

Due to the ongoing pandemic of coronavirus, regulations extending automatically the possibility of staying in Poland on the basis of visas or permits held by foreigners are still in force in Poland. The special regulations enable the continuation of stay by persons who, for example, will not be able to submit an application extending their further stay in Poland due to the large number of applications.

The increase in the number of applications submitted by foreigners may also result in the extension of processing time for permits for foreigners who submitted their applications earlier.

Due to increased traffic at border crossings and the possibility of introducing movement restrictions by the Ukrainian authorities, people who are considering coming to Poland, e.g. in connection with the planned start of work, should come to Poland as soon as possible.

Whether or not the employer has set out detailed rules regarding overtime work, such work should only be performed if needed and agreed to by the employer. – Kinga Polewka-Włoch and Patryk Kozieł comment for ius.focus.

Article: here.

Together with our colleagues at various international Littler offices, we have updated our multi-jurisdictional guide, which is an overview of the lockdown restrictions in 28 countries in Europe, the Middle East and Africa (EMEA).

Lockdown Restrictions: EMEA At a Glance – February 2022 covers the following topics:

• Travel and quarantine restrictions
• Employee vaccination
• Whether employers can relax workplace restrictions for vaccinated employees
• Forced business closures
• Workplace restrictions
• Whether employers can prevent unvaccinated employees from entering workplace
• COVID-related protection from dismissal

Our Clients may receive a full copy of the Guide report – feel free to get in touch with your usual contact PCS Paruch Chruściel Schiffter Stępień | Littler Global or write at: perspektywhr@pcslegal.pl

Stress is considered an integral part of modern life. However, it is common knowledge that excessive stress can have harmful consequences for both professional and private life. Often, the source of stress is the work itself. Hence the question about the employer’s role and responsibility in this respect – Bartosz Wszeborowski and Kinga Rozbicka comment for prawo.pl.

Article: here.

Polish government significantly limited restrictions under Covid regulations in entry to Poland from outside UE from 19 February 2022.

Foreign employees (and their family members) entering Poland from outside UE will not have to prove (in most cases) that they belong to one of groups of eligible foreigners under Covid restrictions.

In practice – the Covid restrictions in entry will now apply almost exclusively to travellers from Russia and in lesser extent, Belarus.

From 19 February 2022, entry restrictions for foreigners under Covid regulations will apply only to entries at:

• airport border crossing points, but only for flights from Belarus and Russia;
• land border crossing points with Belarus;
• land border crossing points with Russia;
• sea border crossing points (in case of arrivals from outside UE to Poland by sea).

Travellers that are subject to entry restrictions regulations can enter Poland by proving that they belong to one of the groups eligible to enter Poland (e.g. foreign workers with right to work in Poland, citizens of Belarus or Ukraine). Spouses of workers are still not listed as one of groups eligible for entry.

At the same time, all post-arrival quarantine requirements continue to apply until 28 February 2022.

Travellers from all directions (including entries from UE) may be still subject to 7 days of quarantine, depending on their status and/or holding a negative result of a recent Covid test.

Changes in Covid regulations do not impact applicability of pre-Covid entry requirements, such as obligation to hold a visa or travel health insurance accepted in Poland.

 

In case of any additional questions, please do not hesitate to contact us.

We invite you to get to know the guide “Changes to the Foreign Nationals Act: right direction, slow pace“.

A major revamp of the regulations for employing non-nationals has been long-awaited by entrepreneurs. They have been calling for years to simplify and accelerate employment legalisation procedures for non-nationals. Although the latest January amendment is one of the most far-reaching immigration law reforms in the last few years, it is still a drop in the ocean of needs. – Karolina Schiffter, Tomasz Rogala, Kinga Polewka-Włoch, Maciej Zabawa, Oskar Kwiatkowski, Marcin Snarski, Ewa Wysocka, Aleksander Dżuryło, Katarzyna Wójcik and Zofia Pawelec comment for Dziennika Gazety Prawnej.

Guide: here.

According to the new regulations, it will not be possible for a non-national earning PLN 2,000 PLN gross for part-time work to obtain a Single Permit (a combined residence and work permit) – Kinga Polewka-Włoch, comments for Dziennik Gazeta Prawna.

Article: here.