One of the most noticeable changes for entrepreneurs will be full digitization of procedures related to employing foreigners. Until now, these proceedings were burdensome, time -consuming and largely based on paper documentation.
Employers and employees will gain access to individual accounts in the system, where they will be able to follow the status of their case on an ongoing basis. The need for personal visits to offices and sending documents by traditional mail will disappear, which will significantly speed up the entire procedure.
Special help points will be created for people who do not use the Internet or in need of support. Employees of offices will help fill in electronic forms and deal with formalities related to the legalization of employment of foreigners.
No more labor market test – a new approach to the protection of local markets
A significant facilitation for entrepreneurs will be the complete liquidation of the compulsory “labor market test”. This procedure, consisting in checking by the staroste whether there are no eager unemployed Poles for a position intended for a foreigner, was widely criticized as bureaucratic fiction, which only extended the proceedings.
Instead, the Act introduces a more flexible mechanism of responding to local needs of the labor market. The staroste, acting at the request of the Director of the Poviat Labor Office and after consulting with the Poviat Labor Market Council, will be able to create a list of professions in which work permits will not be issued to foreigners in a given poviat.
However, such letters will be created only in the event of a deterioration in the local economic situatione.g. an increase in unemployment or mass layoffs in specific industries. The lists approved by the voivode will be entered in the Central Register, and the authorities issuing authorities will be required to include them.
New obligations for employers
The Act introduces a number of new obligations for employers employing foreigners. Although they are associated with additional formalities, their goal is to increase the transparency and legality of employment and to protect the rights of employees from abroad.
The employer will now be obliged to transfer of a copy of the contract concluded with a foreigner to the office that issued a work permit. This agreement must be prepared in writing and translated into a language understandable to the employee. In addition, the employer must inform the foreigner in writing about the right to join the trade unions.
Failure to comply with the obligation timely payment of ZUS contributions and tax advances for employees-managers may result in refusal to issue or extend a work permit. This is a significant change that aims to eliminate employees' in black and provide foreigners with full social protection.
Companies cooperating with temporary work agencies will also have to ensure that contracts with foreigners are in line with the provisions on temporary work. This is the response to abuse related to employee outsourcing.
Notification system and information obligations
The new act imposes on employers an obligation to electronically inform offices about various events related to the employment of a foreigner. The entrepreneur must notify the relevant office not only about the transfer of the contract, but also about:
- Not working by a foreigner
- Interrupting the work or its earlier completion
- Formal changes, such as a change in employment or contract terms.
All these notifications must be submitted within strictly defined dates, and the neglect of these obligations may result in legal and financial consequences.
Higher penalties for violations of regulations
The legislator significantly tightened sanctions for employers violating the provisions regarding the employment of foreigners. The fine for illegal employment of a foreigner increased from the previous 1-30 thousand. PLN up to PLN 3-50 thousand for every employee.
Penalties were also introduced for the lack of a written contract with a foreigner or a lack of translation (PLN 1-3 thousand) and for non-compliance with the terms of the permit or contract, e.g. entrusting a different job or remuneration than specified (PLN 3-50 thousand).
Strengthening the control of employment legality
The tightening of penalties will be accompanied by the improvement and strengthening of the control of services responsible for verifying the legality of employment of foreigners – the Border Guard and the State Labor Inspectorate. The new regulations provide for the possibility of carrying out inspections without prior announcement in the company. They also allow you to run simultaneous inspections by both institutions.
New facilities and special regulations
The Act also introduces a number of facilities for employers, especially in terms of short -term and specialized employment.
Statements about entrusting work. The system of simplified statements about entrusting work, available to citizens of selected countries, will be maintained and transferred to the new electronic system. These statements will be issued for a maximum period of 24 months, and the poviat labor offices will still be responsible for their entry in the register.
Short -term permits. Entrepreneurs will be able to apply for short -term work permits, covering a period of up to nine months in a calendar year. It is possible to extend such a permit, however The total seasonal work period in a given calendar year cannot exceed nine months.
“Blue Card” for specialists. For companies looking for highly qualified specialists from abroad, the Act provides for simplified procedures for obtaining so -called “Blue Card”, thanks to which the conclusions regarding deficit industries, such as medicine, will be treated priority.
Support for integration of foreigners
The new regulations also introduce the possibility of developing an activation program for foreigners financed from the Labor Fund. Specialized points of supporting foreigners will be created in poviat labor offices, where they will be able to obtain comprehensive help in professional and formal-legal matters. Special support was provided for foreigners working in medical professions who will be able to receive funding for the cost of learning Polish.
The Ministry of Family and Social Policy emphasizes that the main purpose of changes is to ensure security and equal opportunities in the labor market: on the one hand, protecting Polish employees against unfair competition and loss of jobs, on the other – protecting foreign employees against violation of their rights and exploitation.
