Shield 3.0 – changes in employment of foreigners

The Anti-Crisis Shield 3.0 has introduced new solutions and clarified the existing provisions on employment and stay of foreigners in Poland.  

Employment of foreigners and subsidies under the anti-crisis shield

The most anticipated change concerns the possibility of changing the working conditions of foreigners if the employer takes advantage of the subsidy provided for in the act without the obligation to procure additional documents legalizing their work.

Article 15z5 introduced as part of Shield 3.0 removes the existing doubts in this regard because it directly provides that if, in connection with obtaining a subsidy by the employer under the COVID-19 Act, the work conditions of a foreigner specified in the documents legalizing his work change, the foreigner may perform work under these changed conditions without the need to change the existing permits.

The regulations allow foreigners to work under conditions other than those specified in:

• temporary stay and work permits
• temporary stay permits to perform work  for the purpose of highly qualified employment
• work permits
• seasonal worker permits
• declarations of entrusting work to a foreigner entered in the register of declarations
• temporary stay permits for the purpose of work in the framework of an intra-corporate transfer (ICT)
• temporary stay permits for sustainable mobility of manager, specialist or trainee, in the framework of an intra-corporate transfer (mobile-ICT)
• documents attached to notices of intent to take advantage by foreigners of short-term mobility of manager, specialist or trainee, in the framework of an intra-corporate transfer 

 without the need to obtain new permits, change them or enter new declarations in the register.

Learn more: Shield 3.0 – key assumptions

Remote work of foreigners

The above solutions allow to change working conditions, in particular by reducing working time and reducing remuneration, as well as offering remote work, what allows employers to take full advantage of instruments to protect jobs, also when employing foreigners.

Facilitations for seasonal workers

Another solution is the exemption from the obligation to apply for a work permit for seasonal workers, if they had a document allowing work after 13 March 2020. Eligible seasonal workers are exempted from having a work permit up to 30 days after the end of the epidemic. This solution encourages foreigners who already had the right to work in Poland to stay in the country and take up seasonal work.

In addition, pursuant to Article 15z9 of Shield 3.0, the requirement for personal visa applications by citizens of Ukraine, Russia, Belarus, Armenia, Georgia and Moldova has been lifted; they will now be able to apply for Polish national visas in their countries without the need to visit the consulate in person.

Author:

Katarzyna Zarzycka
Foreigners’ Consultant
TGC Corporate Lawyers

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