New obligations of employers employing Ukrainian citizens in Poland
Another amendment, this time of June 8, 2022, to the special act on assistance to Ukrainian citizens in connection with an armed conflict in that country, introduced new obligations for employers who plan to employ Ukrainian citizens on the basis of a simplified procedure, i.e. by notifying the competent employment office on employment of a citizen of Ukraine.
How was it before?
Until July 15, 2022, i.e. until the entry into force of the amendment to the special act, the employer, after establishing an employment relationship with a Ukrainian citizen or entrusting him/her with work under a civil law contract, was obliged to notify the competent employment office about this fact within 14 days from day of commencement of work. The notification form contained only the foreigner’s personal data, data of his / her identity document, date of starting work, position and type of contract with the employer.
New data on notification
Starting from July 15, 2022, the following has been added to the scope of data included in the notification:
- working hours,
- the amount of remuneration,
- number of working hours.
The above data guarantee that the foreigner will receive a salary not lower than indicated in the notification and in the number of hours not less than that specified in the notification. Of course, when determining the amount of remuneration, the employer must also comply with the regulations specifying the minimum wage amount. However, the change of working conditions in favor of foreigners may take place without the need to submit another notification.
Entrusting a citizen of Ukraine with work in violation of the conditions specified in the notification to the detriment of the citizen of Ukraine will mean that the work of this foreigner is illegal, which will have negative consequences for both the employer and the foreigner himself.
Additional statistical data in the notification
In addition to the above-mentioned data, the employer is also required to provide the number of all persons performing work under an employment contract and under civil law contracts separately:
– as of February 23, 2022, i.e. before the beginning of Russia’s armed aggression in Ukraine, and
– as of the date of notification.
The above data is transferred for statistical purposes to the Central Statistical Office.
Our lawyers specializing in Polish immigration law will help you notify the employment office and fulfill other obligations related to the legalization of stay or work in Poland.
Please contact us: [email protected]