A declaration on entrusting a job was registered last year for Ukrainian. She left for Ukraine and now she came back when the war broke out. According to the special act the employer must notify the employment office within 14 days of entrusting the work. So does this employer have to do the same again?
The entity entrusting the performance of work is obliged to notify the poviat labor office about entrusting work to a citizen of Ukraine within 14 days from the date of starting work by that citizen IF he wants to exercise the right provided for in the special act to entrust work to ANY citizen of Ukraine legally residing in the territory of the Republic of Poland, including citizens Ukraine entering Poland directly from the territory of Ukraine from February 24, 2022.
The special act clearly indicates that the right (resulting from the special act!) Of a citizen of Ukraine to perform work in the territory of the Republic of Poland depends on the timely submission of an appropriate notification to the PUP by the entity entrusting the work to the citizen of Ukraine. In this context, it is irrelevant whether the given entity has ever entrusted a given citizen of Ukraine with work on the basis of a declaration of entrusting work to a foreigner in the past. Even if in the past such an entity has already notified the PUP that a foreigner has taken up work on the basis of a “declaration”, in order to recognize a citizen’s work as legal under the special act, i.e. completely separate from the “declaration”, the notification must be made again. A separate tool for submitting such notifications will be made available on the praca.gov.pl website, unrelated to the notifications submitted in the case of entrusting work on the basis of a “declaration”.
However, if a given entity has a valid declaration on entrusting work to a foreigner, it may still entrust work to a foreigner who is a citizen of Ukraine on the basis of this “declaration”, under the conditions specified in the declaration, while maintaining the deadlines for notifications appropriate for entrusting work to foreigners on the basis of ” statements “. When choosing to continue entrusting work to a foreigner on the basis of a “declaration”, the notification referred to in the special act is not necessary. The notification of such notification is also not necessary when the citizen legally performs work on the basis of the provisions of art. 87 of the Employment Promotion Act, i.e. on the basis of a work permit, a relevant temporary residence permit, has the right to work on the sole basis of having a refugee status in Poland, etc.
It seems that a more convenient solution is to entrust work to a foreigner on the basis of a special act, and not a “declaration”, so it is worth informing the PUP about entrusting (even re) work to a Ukrainian citizen so that his work can be considered legal on the basis of the special act, i.e. without the need to enter “Statements” to record statements or obtain a work permit.