Employment of foreigners after lifting the state of epidemic emergency

On 1 July 2023, the state of epidemic emergency was lifted in Poland. For employees from abroad and their employers, this means the need to verify and regulate the formalities regarding the legalisation of stay and work by 31 July.

Re-regulation of stay and work of foreigners – by end of July

30 days after lifting the state of epidemic emergency on 31 July 2023, the facilities for employers employing foreign workers under the special COVID Acts cease to apply.

Let us recall that under the COVID-19 legislation, foreign workers enjoyed the possibility of automatic renewal of their residence and work permits in Poland during the pandemic. However, with the termination of the state of epidemic emergency on 1 July 2023, the persons who hold documents issued or extended on the basis of COVID rules must now apply for new documents.

One should apply for the renewal of work and residence permit in Poland no later than by 31 July 2023 oron the last day of a 30-day period following the termination of the state of epidemic emergency.

The exception are Ukrainian citizens whose stay was regulated after 24 February 2022 under the so-called Special War Act, because for them, the cancellation of the state of epidemic emergency does not affect the validity of issued documents.

In addition, if during the pandemic a foreigner worked under conditions other than those laid down in the documents, the conditions of employment of those workers must now be re-examined following the cancellation of the state of epidemic emergency and, if necessary, amend the permit or apply for a new document taking into account the changed working conditions.

Employment of foreigners after 31 July 2023 – employer’s obligations

In conclusion, employers in connection with the cancellation of the state of epidemic emergency should carry out an audit of documents confirming the legality of stay and work of foreigners employed in the company by 31 July and the conditions under which they are employed. Then, if necessary, they should submit appropriate applications for new documents, because otherwise, persons who do not complete the required formalities will be treated as persons staying illegally in Poland.

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