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Illegal employment of a foreigner less likely to be an offence. This may worsen the problem

06.05.2024

The idea of ​​limiting the scope of the employer’s liability for entrusting an illegal immigrant to work to the intentional fault of the perpetrator is generally good and consistent with the current approach of the State Labor Inspectorate. In practice, the Inspectorate rarely seeks to punish the employer if, for example, they did not know and did not have the opportunity to find out about the illegal employment. However, the justification for the change in the presented project is certainly misguided – it suggests that an employer who is unaware of the regulations will not be punished. This is not true because ignorance of the law is not the essence of intent. If an employer, ignoring immigration laws, foresees the possibility of illegally employing a foreigner, they will still be held accountable. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.