GMI Legal Update: Electronization of procedures for employing foreigners delayed

The latest (third) version of the draft law on the employment of foreigners has been published on the website of the Governmental Legislation Centre on February 5, 2023. All indications are that we will have to wait for electronic proceedings on the legalisation of work of foreigners. Perhaps even a few years…

Work on the provisions of the bill is ongoing. The milestones from the first version of the bill, such as the abolition of the labour market test, changes in the conditions for issuing work permits, tightening of criminal provisions and full electronization of procedures in cases of employment of foreigners, are gradually being supplemented with new solutions.

The current version of the bill regulates (albeit minimally) the issue of remote work of foreigners in Poland for foreign entities.

It also allows the freedom to employ certain groups of foreigners wrongly omitted in earlier versions of the bill, despite the fact that they have the right to work under the current legislation. This concerns, for example, family members of Polish citizens returning with them to the country after having exercised their right of residence in another EU country and certain holders of temporary residence permits for the purpose of family reunification.

The most significant changes, however, concern transitional provisions.

The authors of the bill postponed the entry into force of the new provisions until 1 January 2024.

The full electronification of procedures for employing foreigners is, in turn, to take place no later than 2 years from that date.

Specific dates for the electronization of individual procedures (e.g. filing of appeals, notifications regarding work permits) will be provided by the minister labour minister in the form of relevant announcements. Until then, from the date of entry into force of the new regulations, proceedings are to be conducted in the currently available forms, including “in paper”.

We will continue to follow the development of the bill. We will also keep you informed of any significant developments.