Month: March 2022

The Polish special act on help for Ukrainian citizens does not protect all persons who fled Ukraine because of the war. Citizens of Ukraine who entered Poland from the territory of a country other than Ukraine (e.g. from Slovakia) are a large group that is not covered by the act. This is about to change.

Today, a committee of Polish Parliament started work on the first amendment to the special act. The bill is to be limited to removing the word “directly” from the act. This seemingly small change will be of great importance for people who did not enter Poland from the territory of Ukraine.

By changing the regulations, persons who escaped to Poland by a route other than through Polish-Ukrainian border will be covered by the protection of the Polish special act. This means not only the right to stay in Poland until 24 August 2023, but also e.g. wider access to social benefits offered by the special act.

Currently, before the amendment to the law, people who first fled to e.g. Moldova and then entered the territory of the European Union, are not covered by the Polish special act. They can use the EU temporary protection mechanism, which is less favourable than the special act.

According to plans, work on the amendment by the Parliament is to end on Wednesday of 23 March. This means that the changes can enter into force quickly. According to the government’s declaration, further amendments to the special act are also possible. The amendments will be worked upon identifying practical problems in application of the regulation.

Admittedly, the amendment to immigration procedures that took place at the beginning of year introduced some interesting solutions, but after more than a month in force, and even more so in the face of the war across our eastern border, initial doubts persist as to whether these changes can make a real difference or whether even more far-reaching solutions are needed. – Kinga Polewka-Włoch and Oskar Kwiatkowski comment for Dziennik Gazeta Prawna.

Article: here.

Accidents at work are very common in the building sector. Statistically, there are several dozen fatal accidents on construction sites in Poland every year. It is usually a result of negligence of employers and employees and their disregard for health and safety rules and regulations. Unfortunately, this trend continues. – Bartosz Wszeborowski and Kinga Ciosk comment for Contact Online magazine.

Article: here.

With the popularity of remote work. The phenomenon of mobbing has not disappeared, and in fact, new manifestation and areas have appeared, requiring proper attention from the employer. The lack of direct contact between co-workers and communication mainly by e-mail, may contribute to deterioration of relationships. – Karolina Kanclerz comments for quarterly magazine Prawo Pracy.

Full article: here.

On one hand, the law prohibits an employer from dismissing a pregnant foreign employee, but on the other, the employer cannot employ a foreigner if they do not have the right to work in Poland. The solution to this dilemma requires a deeper understanding of the regulations. – Karolina Schiffter and Ewa Wysocka comment for Dziennik Gazeta Prawna.

Article: here. 

The Council of the EU took into account the Commission’s proposal and took the unprecedented decision resulting in the introduction of temporary protection for displaced persons in connection with the armed conflict in Ukraine. Temporary protection and related rights have been in force since March 4, 2022. The Polish provisions on temporary protection, which the decision is to supplement require thorough changes and adaptation to today’s realities. At the same time, preliminary work is underway on a special act on assistance to Ukrainian citizens in connection with an armed conflict in that country. The bill seems to provide for a competitive mode of aid in relation to that resulting from temporary protection.

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The Council of the EU took the unprecedented decision resulting in the introduction of temporary protection for displaced persons who were forced to leave Ukraine following the Russian military invasion launched on February 24, 2022.

The purpose of the decision is to supplement the national provisions of the Member States implementing Directive 2001/55/​​EC on temporary protection by enabling the possibility of their application and defining the personal scope and time frames.

The introduction of temporary protection means for its beneficiaries legalizing the stay, guaranteeing the right to work and running a business, providing social and medical assistance to the necessary extent and access to education for minors in accordance with the national provisions of the Member States related to the decision, implementing the directive on temporary protection and for the duration of the protection.

The Council’s decision applies to:

(1) Ukrainian citizens residing in Ukraine before February 24, 2022,

(2) stateless persons or third-country nationals other than Ukraine who, before February 24, 2022, were enjoying international protection or equivalent national protection in Ukraine, and

(3) family members of the persons referred to in points (1) and (2). Family members within the meaning of the decision are, in particular, the spouses of these persons, their minor children, children of their spouses (regardless of whether they were born in or outside a marriage, or adopted) and other close relatives who lived together as one family at the time of circumstances justifying leaving Ukraine and being at least partially dependent on the persons referred to in  points (1) and (2).

The decision may also apply to stateless persons or third-country nationals other than Ukraine who can prove that they legally resided in Ukraine prior to February 24, 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return to the country or region of origin in safe and durable conditions.

If the Member State concerned so decides, the decision may also apply to other persons, including stateless persons and third-country nationals other than Ukraine, who legally resided in Ukraine and who are unable to return to their country or region of origin in a safe and durable conditions. This applies in particular to holders of Ukrainian temporary residence permits or visas who worked or studied in Ukraine before February 24, 2022. The decision make it clear that such persons should in any event be admitted to the territory of the EU on humanitarian grounds, even if they do not have the appropriate documents, so that they can be ensured safe passage to return to their country or region of origin.

Temporary protection has been in force since March 4, 2022. The duration of protection should be one year, but it can be extended for another six-month periods for a period not exceeding one year. The decision is binding on all Member States except Denmark.

A Member State in which beneficiaries of temporary protection will be able and want to take advantage of this protection there is obliged to provide them with appropriate documents confirming their status.

Poland is also bound by the Directive on temporary protection and participates in the adoption of the Council decision. Polish provisions on temporary protection, however, require thorough changes and adapt them to today’s realities. They regulate too many things in a very general way. At the same time, preliminary work is underway on a special act on assistance to Ukrainian citizens in connection with an armed conflict in that country. The bill seems to provide for a competitive mode of aid in relation to that resulting from temporary protection.

 

Solutions provided for in the bill of the special act are described here.

In the current situation, the Polish government should not focus on creating a competitive method of assisting such people, but rather on filling the legal gaps in the national provisions implementing the Directive on temporary protection and on making them more detailed.

Create competition the legal status of these persons may be uncertain. This postulate is all the more appropriate because the scope of the proposed assistance is defined more narrowly in the bill of the special act in its current form, and thus it is less favourable than it results from the current Polish provisions on temporary protection.

Therefore, it seems reasonable to prepare an amendment to the provisions on temporary protection with the use of some solutions developed for the needs of the special act.

 

Regardless of whether further work on the special act will go towards the amendment of temporary protection or, as before, they will create a competitive mode of protection, we will keep you informed about the progress in this area.

The government has completed work on a draft of a special law aimed at helping Ukrainian citizens who fled from the war in their country. The key points of the planned act are:

• Right to stay in Poland for Ukrainian citizens who entered Poland in connection with the war for a period until 24 August 2023  – without completing additional formalities;
• Ukrainian citizens legally residing in Poland can work in Poland on simplified terms (also if they came to Poland before Russia’s attack on Ukraine) – on the basis of notification to a Local Labour Office that they have started work;
• Obligation to register at municipal administration by Ukrainian citizens whose entry has not been registered by the Border Guard at the time of crossing the Polish border. This process will be necessary to use in practice the rights introduced by the special act, if a given person does not have, for example, a stamp in the passport confirming date of entry to Poland.
• Extension of legal stay until 31 December 2022 for Ukrainian citizens residing in Poland, whose right to stay expired on 24 February 2022 or later.
• Possibility to apply for a temporary residence permit under simplified rules for a period of 3 years, if an Ukrainian who arrived to Poland in connection to the war wishes to stay in Poland for a longer period.

The draft law also provides e.g. that Ukrainian citizens fleeing the war will be given easier access to social benefits. It is also planned to facilitate access to education for Ukrainian pupils and students, as well as to facilitate the employment of Ukrainian researchers and medical personnel.

The draft is planned for discussion on the Parliament session on Tuesday (8 March). The adoption of the special act is planned still this week.

At the same time, based on decision of the UE, persons escaping from war in Ukraine may be able to benefit from mechanism of temporary protection under EU law. Polish regulation is meant to not substitute the EU scheme but rather compliment it. Decision if it will be more beneficial to use Polish regulation or the EU scheme may depend on personal situation of the foreigner and possible changes in draft of the Polish regulation during work in Parliament.

Can a board member also be held liable for violating the trading ban? Authors from PCS Paruch Chruściel Schiffter Stępień | Littler Global reply to the dispute. – Miłosz Awedyk, Michał Olejniczak and Jakub Grabowski comment for Dziennik Gazeta Prawna.

Article: here.