Month: June 2024

Amendment of the so-called the Ukrainian Special Bill, i.e. the Act on assistance to citizens of Ukraine in connection with an armed conflict on the territory of this country, was signed by the President and published in the Journal of Laws on June 11, 2024. The amended regulations will enter into force on July 1, 2024.

The key changes that will come into force on July 1, 2024 are:

• extension of the automatic right of residence of Ukrainian citizens in Poland until September 30, 2025;
• shortening from 14 to 7 calendar days the deadline for the employer to submit to the labor office a notification about the start of work by a Ukrainian citizen;
• introducing the possibility of submitting applications for temporary residence permits for non-working family members with UKR status, including children.

The amendment also introduces a number of other changes. The following further changes are in particular worth mentioning:

• Ukrainians who have UKR status and have had it for at least 365 days, including as of March 4, 2024, will be able to submit electronic applications for special 3-year residence cards. The date from which it will be possible to submit these applications will be announced in a separate announcement from the Minister of Interior and Administration;
• a clear list has been established of instances necessitating a renewed notification to the labor office about the employment of a Ukrainian citizen – e.g. in the event of a change of position or type of work performed;
• Ukrainian workers will be obliged to inform their employers about receiving a temporary residence and work permit within 7 days from the date of receiving this permit, so that the employers have the opportunity to submit an appropriate notification to the labor office.

It is currently unknown what the regulations on the employment and stay of Ukrainian citizens in Poland will be like after September 30, 2025. It is recommended to apply ahead of time for appropriate temporary residence permits ensuring legal stay and the right to work in Poland also after September 30, 2025.

Despite the relatively small number of working days and two long weekends, May was filled with numerous legislative changes, including some key ones for employers. HR teams are facing a busy summer season to adapt workplaces to the new legal requirements and implement relevant procedures. Here are key updates in labour law and HR management from May 2024 – Sandra Szybak-Bizacka and Katarzyna Stępień comment for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

A new mobilisation law took effect on 18 May in Ukraine and Polish entrepreneurs are concerned about its consequences. Employers assure that they do not intend to dismiss employees who will need to apply for valid documents in Ukraine. Fortunately, current Polish regulations do not automatically render a foreigner’s stay illegal upon the expiration of their travel documents. Although article 288 of the Act on Foreigners (Journal of Laws of 2023, item 519) requires individuals from other countries to possess a valid travel document during their stay in Poland, this is not a condition for legal stay or work. People fleeing the war and covered by the special act (Journal of Laws of 2024, item 167) will be able to stay in Poland until September 30, 2025, without needing to apply for a residence permit. However, after this date, obtaining one may be necessary. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

The Polish Law on the Protection of Whistleblowers is nearing the finish line. We are over two and a half years past the deadline for implementing the Whistleblower Protection Directive (EU) 2019/1937, but the legislative process is finally wrapping up. This means organizations need to get ready to adopt and follow these new rules. Understanding how these regulations work is also crucial for potential whistleblowers.  We have compiled answers to the most frequently asked questions regarding the new law. – Sławomir Paruch and Karolina Kanclerz for Rzeczpospolita.

Full article in Polish avialible: here.

On 24 May, a draft bill was introduced to extend the leave for parents of premature and hospitalized newborns. The issue of additional leave for such parents has been widely debated in recent years, as the current regulations do not provide any compensation for parents of premature babies. When a child is born before the 36th week of pregnancy, every mother, regardless of the week of pregnancy, the baby’s health condition, or weight, is in general entitled to the same amount of maternity leave. The situation of these parents requires adjustments in the regulations to meet their needs, so that the period after childbirth, often accompanied by hospitalization, can be adequately compensated within the extended maternity leave. – Kinga Polewka-Włoch in an interview with Paweł Blajer for Biznes24.

Interview available here.

Employer often question whether an incident for which an employee has already been disciplined can also serve as grounds for terminating the employment contract. It is essential to remember that termination of employment is not considered a disciplinary sanction under Article 108 of the Labor Code (i.e., it is not a penalty). In this situation, the law does not prevent the employer from both imposing a disciplinary penalty and ultimately deciding to terminate the employment due to the same offense. However, it should be noted that the severity of the offense must be significant enough that its circumstances and its (even potential) consequences justify the employer’s belief that continued employment of the employee is impossible. – Mariusz Maksis comments for Rzeczpospolita.

Full article in Polish avialible: here.

Polish employers face numerous issues relating to posting employees. The information about the regulations in the host country are scarce. Advice posted on websites is very general, and contacting the helpline does not clear any doubts either. We discussed this issue with experts during the debate on delegating third-country nationals at the Harmony with Law conference organised by the Labour Mobility Institute. Many of the problems faced by the Polish employers today also relate to the posting of third-country workers. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.