Month: February 2024

In Poland the project framework was developed by the Ministry of Internal Affairs and Administration and released on Thursday. The project extends the legal stay for Ukrainian citizens who arrived in Poland until 30 June 2024.The validity of residence permits will be also extended to this date. Poland, as a member of the EU is obliged to comply with the decision on temporary protection, so until March 4, it will be provided. The website with the list of Council of Ministers’ works was updated to include further extension of the protection period.- Karolina Schiffter comments for Rzeczpospolita.

The article in Polish is avialible: here.

The ruling in question touches on the unnoticeable difference between the limitations of claims enforcement through the general expiration period, and the substantive limitation period for special cases regulated in Article 264 of the Labour Code. Pursuant to article 264(2) of the Labour Code, a claim for reinstatement or compensation is brought before the employment court within 21 days from the date of delivering termination without notice, or from the expiration date of the employment contract. Not meeting this deadline will have irreversible legal consequences, as the claim will expire. – Mariusz Maksis comments for Rzeczpospolita.

The article in Polish is avialible: here.

Polish government published a draft bill amending the so-called Ukrainian Special Bill, i.e. the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of this Country.

According to the draft bill, special immigration solutions for Ukrainian citizens which expire on March 4, 2024, including the right to stay in Poland on the basis of the so-called UKR status, will be extended until June 30, 2024.

The extension will cover in particular:

• right to stay in Poland for holders of the so-called UKR status, i.e. persons who came to Poland in connection with the armed conflict in Ukraine
• right to stay in Poland for Ukrainian citizens whose visas, temporary residence permits or right to stay in visa-free travel expired after February 24, 2022,
• right for Ukrainian citizens to work in Poland without work permit, based on a notification submitted by the employer to the labor office
• period during which Ukrainian citizens are eligible for a special 1-year temporary residence permit if they do not meet standard conditions for granting temporary residence permit
• facilitations in the procedure for obtaining  temporary residence permit for the purpose of running an individual business activity

At the same time, an announcement published by the Ministry of Internal Affairs and Administration indicates that yet another amendment to the Ukrainian Special Act is to be expected soon and a further extension of the rights set forth therein until March 4, 2025 (in accordance with the extension of the temporary protection for people displaced from Ukraine introduced at EU level by decision of the Council of the European Union).

Download the PDF: here.

Despite more that two years to prepare, and a deadline for implementation, Poland still has not presented a draft law amending the foreigners act, which currently regulates the process of obtaining the EU Blue Card. Subsequently, both employers and foreign workers have to use Polish regulations that are less favourable than those enacted at the EU level. – Karolina Schiffter and Tomasz Rdzanek comment for Rzeczpospolita.

The article in Polish is avialible: here.

The current wording of the law provides for temporary protection and extension of residence permits validity only until 4 March 2024, despite the fact, that the Council of European Union decided to extend the protection for another year in October 2023. Many Employers are wondering consequences this may bring for foreign national and their rights to work. Karolina Schiffter and Tomasz Rdzanek comment for Rzeczpospolita.

The article in Polish is avialible: here.

Michał is a seasoned advocate with over 12 years of expertise in advising national and international businesses on HR law. Prior to joining PCS | Littler, he led the Employment Law Practice at EY Law.

Michał’s extensive experience spans a wide range of client engagements across diverse business sectors. He has actively participated in numerous due diligence processes and provided comprehensive support to entrepreneurs in the employment aspects of M&A transactions. He also advises on restructuring projects and provides comprehensive guidance on personal data protection in employment, posting of employees, employment of temporary workers, and outsourcing of services. His legal expertise is complemented by his proven litigation skills, enabling him to effectively represent employers in labour court proceedings.

Michał’s integration into the PCS | Littler team marks a significant step in strengthening our expertise and commitment to providing clients with a superior level of service in the field of HR law.