25.07.2022 Employment of foreigners

The government is preparing changes in the employment of foreigners

As part of the reform known as the National Reconstruction Plan, the Ministry of Family and Social Policy is preparing a draft act on the employment of foreigners. The changes are to facilitate the employment of foreigners and will also eliminate the labour market test.

The proposed provisions on changes in the employment of foreigners are to be based on the already applicable principle of free access to the labour market for specific groups of foreigners and the limited right to take up and perform work in accordance with the conditions set out in the work permit or temporary residence permit in connection with work.

The draft act will include provisions to facilitate the application of and compliance with the provisions on the employment of foreigners. In addition, the act is to contain provisions allowing to correct or remove from legal circulation statements on entrusting work to a foreigner entered by mistake in the register or completely unnecessary, and is also to eliminate the labour market test.

The labour market test is a procedure designed to protect the national labour market, according to which a foreigner is employed only when a local worker cannot be found for a given position. The government intends to remove this procedure as it is considered ineffective.

The act is to be adopted by the Council of Ministers in the third quarter of 2022, it is currently in the preparation phase, and the person responsible for developing the bill is the Minister of Family and Social Policy.

Learn more: Employment service for foreigners

Employment of foreigners – changes in force since January 2022

On 29 January 2022, an amendment regarding the employment of foreigners entered into force. The amended regulations introduced important changes in the employment of foreigners, including solutions such as:

  • extension to 24 months of the period of work on the basis of a statement on entrusting work to foreigners from Armenia, Belarus, Georgia, Moldova, Russia and Ukraine, the subsequent statements do not require waiting time of 6 months, as previously,
  • no need to make changes to permits if the name of the position has changed as long as the same scope of duties is maintained or if the working time is increased and the employee’s remuneration increases proportionately,
  • determining that remuneration of an employed foreigner may not be lower than a minimum wage for work, regardless of the working time and type of employment relationship,
  • implementation of a new deadline of 60 days for settling the matter regarding the grant of a work permit by the voivode.

Employment of foreigners – see how we can help:

See also

Want to stay up to date?
Subscribe to our newsletter!
Full version

TGC Corporate Lawyers

ul. Hrubieszowska 2
01-209 Warszawa

+48 22 295 33 00

NIP: 525-22-71-480, KRS: 0000167447,
REGON: 01551820200000. Sąd Rejonowy dla
m.st. Warszawy, XII Wydział Gospodarczy