Polish entrepreneurs are still facing labour shortage, without Ukrainian citizens it will be difficult to fill their vacancies. Notifications allow for employment without the need to wait for documents legalising work. The Employer only has to notify the labour office within 14 days from starting employment. Eliminationg this possibility would be a big obstacle for entrepreneurs. – Karolina Schiffter comments for Dziennik Gazeta Prawna.
The article in Polish is avialible: here.
The law regulating the employment of foreigners covered a different issue that the current amendments to the foreigners act. The amendments relate more to facilitations in residency regulations than to the employment of foreigners, and therefore they do not seem to fulfil the milestones from the National Recovery Plan. The electronification of proceedings is a major convenience, especially for foreigners, but assuming that the residence application can be only submitted online, does not seem like the best solution. – Karolina Schiffter comments for Dziennik Gazeta Prawna.
The article in Polish is avialible: here.
The ministry of Labour announced that parents of children who were born prematurely will be entitled to longer maternity leave. However, consideration should also be given to parents of children who, although born on time, need to stay longer in hospital due to medical conditions, such as congenital disorders, heart defects or other indications requiring long-term hospitalisation. The law will undoubtedly need to be precise and take into account the various situations that may arise, including appropriate transitional provisions. – Sandra Szybak-Bizacka comments for Dziennik Gazeta Prawna.
The article in Polish is avialible: here.
As the Polish government considers expanding state funding for in-vitro fertilization (IVF), employer contributions to this fertility treatment may emerge as an attractive employee benefit. Employer-funded IVF could serve as a tangible expression of an organization’s commitment to supporting parenthood and fostering employee well-being, not only in the professional realm but also in their personal lives. However, to establish an effective IVF co-funding program, employers will need to clearly define which employees are eligible and outline the terms and conditions of the benefit.- Karolina Kanclerz and Zuzanna Janelli comment for kobieta.rp.pl.
The article in Polish is avialible: here.
On February 9, 2024, the new minimum monthly salary threshold for 2024 was announced, required to obtain the so-called EU Blue Card (i.e. temporary residence permit for the purpose of work in a profession requiring high qualifications) in 2024 – it amounts to PLN 10,733.22 PLN gross.
The new minimum salary threshold applies to applications for issuance or amendment of an EU Blue Card submitted since the beginning of 2024, including those submitted before February 9, 2024. Therefore, applications already submitted in 2024, which indicate a remuneration figure below the threshold, should be updated by an appropriate increase in remuneration – otherwise the applications should be denied.
The new minimum salary threshold does not affect the EU Blue Card permits already issued – these permits remain valid, and employers are not obliged to adjust the remuneration of foreigners employed on their basis to the new minimum threshold.
The new minimum wage threshold is a consequence of the announcement of the President of the Central Statistical Office on the average wage in the national economy in 2023. Link to the announcement here.
Download: here.
Unequal representation in leadership, unfair pay gaps and employment terms, as well as discriminatory practices concerning pregnancy, parenthood, and childcare are just a few areas where employers must address gender inequality when fulfilling their ESG reporting obligations – Karolina Kanclerz and Michalina Lewandowska-Alama commented for kobieta.rp.pl.
The article in Polish is avialible: here.
A recent Supreme Court ruling (III UZP 3/23) has ignited debate, even before the official justification is released.
The court ruled that declared income for social security contributions should match actual income. If there is a mismatch, the Social Insurance Institution (ZUS) can lower the declared base, reducing the benefits paid. In practice, ZUS only scrutinizes declared bases when entrepreneurs apply for benefits. So, if entrepreneurs stay off the social security system, ZUS does not pursue inflated bases. However, when viewed through a broader lens, the ruling could have unexpected implications. It might mean that entrepreneurs who paid inflated contributions but did not claim benefits essentially overpaid. In that case, ZUS might owe them a refund.
Attorneys Łukasz Chruściel and Bartosz Wszeborowski explore the potential consequences of the Supreme Court ruling in Dziennik Gazeta Prawna.
The article in Polish is avialible: here.
HR departments are still waiting for a national whistleblower protection law. However, the Ministry of Family, Labour and Social Policy has hinted that transposing the EU directive will be a priority for the new government. – Karolina Kanclerz and Kamil Nazimek comment for Rzeczpospolita.
The article in Polish is avialible: here.
The year 2023 witnessed a whirlwind of transformative changes sweeping through the Polish employment law landscape. Some of them were long-awaited, others surprised everyone. Here is a round-up of the 10 most important changes in employment law in 2023. – Sławomir Paruch and Łukasz Marzec commnet for IT-Leaders.
The article in Polish is avialible: here.
The Council of Ministers’ work schedule now includes a draft law amending the Act on Foreigners and some other laws, aiming to introduce a series of changes to the current regulations concerning foreigners residing and working in Poland.
Although the full draft law has not been published yet, we have already learned about its main assumptions – including digital submission of residence permit applications, removal of the so-called “stamp in passport”, and significant reworking of the EU Blue Card residence permit.
Key changes for foreigners in Poland include:
The main purpose of changing the application submission process is to reduce the waiting time for its consideration, as in some offices, the waiting time extends to several months.
The implementation of the directive’s provisions is the fulfillment of the obligation stated in it, requiring EU member states to incorporate the directive’s content into national regulations no later than 18 November 2023.
The Council of Ministers plans to adopt the draft in the second quarter of this year, so it is expected that the changes may be adopted in the next few months.
Download the PDF: here.