Month: April 2022

Pursuant to new Regulation of the Council of Ministers current provisions on restrictions connected with state of epidemic will be prolonged. These rules are elaborated here: https://pcslegal.pl/alert-likwidacja-kwarantanny-po-przyjezdzie-do-polski/. They are to apply until 31 May 2022.

At the same time, today Health Minister announced to lift the state of epidemic in mid-May and to return the state of epidemic emergency. We should expect further changes and possibly easing of restrictions by this date.

Despite the lifting of state of epidemic, the current extensions of temporary residence permits, national visas and some other documents under so-called COVID-19 regulations will remain if force. This also applies, in particular, to extensions of the validity of work permits and special permissions.

The automatic extensions of the validity periods of documents issued to non-nationals will apply until the currently scheduled state of epidemic emergency is canceled and within the next 30 days. This will be the case, of course, assuming that an epidemic state is not reintroduced in the meantime due to another wave of infections.

The beginning of August this year will mark the deadline for implementation of two EU directives into the Polish legal system: the directive on transparent and predictable working conditions in the EU and the so-called “work-life balance” directive. Employers must consider many changes that await their companies. Below we present the most important of them. – Paweł Sych and Kinga Ciosk comment for the Rekruter magazine.

Article: here. 

During an audit of employee documents, the company realized that the work permit they have obtained for a foreign employee expired several months ago. What steps should be taken in such a case? – Kinga Polewka-Wloch and Martyna Krawczyk comment for Dziennik Gazeta Prawna.

Article: here. 

We invite you to read the legal and banking guide for refugees from Ukraine, which was developed by PCS Littler Team and the Polish Bank Association.

The publication Is a set of practical advice on:

• entry to Poland;
• legalizing stay and obtaining PESEL number;
• setting up bank account or a trusted profile;
• obtaining social benefits;
• access to education;
• and to healthcare;
• setting up business and getting a job.

and many other topics useful in daily life.

The guide is available in Polish and in Ukrainian.

Download guide in Polish: here.

Download guide in Ukrainian: here.

The fact that both parents are legally staying and working in our country, does not automatically mean that the child stays legally here as well. Their status remains unregulated until the required formalities are completed. – Marcin Snarski and Paweł Korcz comment for Dziennik Gazeta Prawna.

Article: here.

Some employers explicitly state in their job advertisements that they “will employ Ukrainians”. This is not a fully permitted practice, as it may result in discrimination against candidates of other nationalities. Employers in such circumstances may face civil and criminal liability. – Bartosz Wszeborowski and Marcin Szlasa-Rokicki comment for Dziennik Gazeta Prawna.

Article: here. 

Cooperation based on contracts for the provision of services, commonly known as B2B contracts, is replacing the standard model based on a contract of employment in the IT industry. Many people wonder why B2B has become so popular. – Marcin Sanetra and Kamil Nazimek comment for IT-Leaders.

Article: here.

The government managed to complete work on changes to the special bill on help for Ukrainian refugees before Easter.

The amendment (published on the evening of 14 April) introduces changes concerning not only foreigners who came to Poland in connection with the war. Some of the changes mainly concern foreigners who have previously stayed in Poland and are e.g. waiting for a residence permit.

The most important changes for the stay and employment of foreigners included in the amendment are:

• suspension from 15 April to 31 December 2022 of the deadlines for processing applications for residence permits for foreigners – at the same time the Immigration Office will not bear the consequences of delays. The change is probably aimed at reducing the burden on offices with handling complaints (that come in large numbers). This will make it easier to end pending residence permit processes before refugees from Ukraine start applying for permits at the end of the year;
• simplification of the criteria for a residence permit in connection with running a business for Ukrainian citizens (who run a business as individual entrepreneurs) – obtaining this type of permit by 31 December 2022 will not require presenting e.g. an appropriate level of income from their business;
• extension of the PESEL registration deadline for refugees from Ukraine from 60 days to 90 days from entering Poland. Also, the registration forms will be simplified and persons whose health condition does not allow them to visit the authorities will be able to register in e.g. their place of stay;
• clarification of the procedure for obtaining a PESEL identification number by persons who fled Ukraine before the war, e.g. in a situation where a foreigner already had a PESEL number from the period of previous residence in Poland;
• introduction of procedure for cancelling the issued certificates for beneficiaries of EU temporary protection – for refugees from Ukraine who later gained protection under the Polish special bill (mainly applies to refugees who entered Poland e.g. via Slovakia between 24 February and 26 March 2022);
• possibility of earlier submission of applications for temporary residence by Ukrainians who fled to Poland due to the war and work as drivers in international transport – for this group of foreigners it will not be necessary to wait 9 months from the moment of arrival to Poland before submitting the application;
• issuing visas for foreigners already residing in Poland (without submitting an application at a Polish consulate abroad) – groups of foreigners entitled to obtain visas under this procedure will be specified in a separate regulation, the date of the possible issuance of this regulation is unknown;
• introduction of a new type of a residence permit for a period of 3 years on simplified terms for holders of humanitarian visas (in practice, they are mainly citizens of Belarus) – the scope of foreigners entitled to use this procedure will be also determined by a separate regulation.

Despite the wide scope, the amendment does not solve many practical problems in the application of the special bill on help for Ukrainian refugees.

We can expect further drafts of changes to the special act will appear in the coming weeks.