On 13.09.2022, a draft law on the employment of foreigners was published. This act is to specify the requirements for employing foreigners in Poland. Currently, the provisions on this issue are regulated in the Foreigners Act.
The most important changes that the new Act will introduce include:
1. the abolition of the so-called labour market test during the work permit application process,
2. the abolition of a separate procedure for extending the work permit in the case of continuing to entrust work to a foreigner at the same position – i.e. a foreigner will be able to continue employment at the same position until a new work permit is issued.
3. procedures related to obtaining a work permit will be fully electronic,
4. the introduction of a new mandatory ground for refusal of a work permit. If the employer does not pay compulsory social security contributions or advance payments for income tax, the office will not be able to issue a work permit for the foreigner. Until now, this premise was of an optional nature,
5. an ICT system is to be created, which will enable offices to quickly check whether an entity applying for a work permit for a foreigner has previously been sanctioned for illegally entrusting work to foreigners.
In addition, the draft Act on the employment of foreigners will introduce the principle that the size of the fine for the offence of illegal entrustment of work to foreigners should be proportional to the number of foreigners who were illegally entrusted with work.
It should be noted that the changes proposed in the draft Act, are primarily aimed at simplifying the currently existing procedure for employing foreigners in Poland. According to the announcements, the provisions of this Act are expected to come into force still in 2022. – we will inform you about this fact immediately.