What should an employer do if he wants to employ a Ukrainian citizen who entered Poland after February 24, and what steps should an employee take to ensure legal work and stay?
The law on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that country provides Ukrainian citizens legally residing in Poland with the possibility of taking up employment in the territory of Poland without the obligation to obtain a work permit. This means that the special rules for entrusting work to Ukrainian citizens not only apply to people who came to Poland after February 24, 2022, but also to all those who reside in Poland legally. This right, however, does not apply to Ukrainian citizens who have applied for international protection in Poland. Such persons gain the right to work if the decision on international protection is not issued within 6 months from the date of their application for this protection.
PESEL number is not necessary to use the right to work for a citizen of Ukraine.
What steps should an employer employing a citizen of Ukraine take?
The employer should notify the poviat labor office competent for the seat or place of residence of the entity that work has been entrusted to that citizen within 14 days from the date of commencement of work by a citizen of Ukraine.
The notification is made via the ICT system- https://www.praca.gov.pl/eurzad/index.eup#/panelOgolny
Such notification entitles the foreigner to perform work without the obligation to have a work permit or declaration. Failure to meet these conditions means that it is impossible to perform work without a work permit.
In the notification, the entity entrusting the performance of work to a citizen of Ukraine provides:
1. information on the entity entrusting the performance of work to a citizen of Ukraine:
a) name or first name (s) and surname,
b) address of the seat or place of residence,
c) business phone number or e-mail address,
d) NIP and REGON identification number – in the case of an entity conducting business activity, or PESEL number – in the case of a natural person,
e) entry number in the register of entities running employment agencies – in the case of an entity entrusting work to a citizen of Ukraine, who runs an employment agency providing temporary work services,
f) PKD symbol and description of activities related to the work of Ukrainian citizens;
2.personal data of a citizen of Ukraine:
a) first name (names) and surname,
b) date of birth,
e) the type, number and series of the travel document or other document stating or allowing to establish the identity and the country in which the document was issued,
f) PESEL number – if assigned;
3. type of contract between the entity entrusting the performance of work and the citizen of Ukraine;
4. position or type of work performed;
5. place of work.
In addition to the need for the employer to notify the Poviat Labor Office about the employment of a citizen of Ukraine, the work must be performed in the amount of work not lower than that indicated in the notification and for remuneration not lower than the rate specified in the notification.
The above regulation is supplemented by the requirement to include this information, i.e. remuneration determined according to a monthly or hourly rate and the number of working hours or the number of working hours per week or month, in the notification.
Citizens of Ukraine (and some members of their families who do not have Ukrainian citizenship) who:
- came legally to Poland from Ukraine from February 24, 2022 in connection with military operations in Ukraine and
- declare their intention to stay in Poland,
- they reside legally in Poland for a period of 18 months from February 24, 2022.These persons may, starting from 1 April 2023, apply for a temporary residence and work permit, a temporary residence permit for the purpose of conducting business activity, a temporary residence permit for the purpose of performing work in a profession requiring high qualifications. However, it is not possible to apply for a temporary residence permit in other cases. In addition, if the applications of Ukrainian citizens for a temporary residence permit, but they do not meet the conditions for granting this permit (justification for the purpose of stay in Poland, longer than 3 months) or there are some premises justifying the refusal, such persons will be granted a temporary residence permit for a period of 1 year from the date of the decision.