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.
NOTE – the amendment to the Special Act adopted on June 8, 2022 introduces significant changes to the procedure for employing Ukrainian citizens.
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.
The previous provisions shall apply to notifications submitted before the effective date of the above-mentioned act (Article 9 of the amending act).
An entity entrusting work to a citizen of Ukraine who has not fulfilled the obligation to notify the Labor Office in the period from February 24, 22 to 14 days before the entry into force of the amending act, may do so within 14 days from the date of its entry into force. In this case, it is considered that the citizen of Ukraine was entitled to work during the period of being covered by social insurance or social insurance for farmers or on the day following the day of submitting the contract for specific work. The above-mentioned right may be used only by the entity that has reported the foreigner to the Social Insurance Institution or the Agricultural Social Insurance Fund in connection with entrusting him with work. (Article 10 of the Amending Act).
In addition, according to the amendment, a Ukrainian citizen leaving the territory of the Republic of Poland for a period of more than 1 month will not lose the right under the special act to recognize his stay in the territory of the Republic of Poland as legal and other rights resulting from the special act, if he is a person delegated to perform work or services outside the territory of the Republic of Poland by entities operating in the territory of the Republic of Poland.
The act entered into force on July 1, 2022.
Apart from the above regulations, employing Ukrainian citizens does not differ from employing Polish citizens.
After 9 months from the date of entry to Poland, the employee may apply for a temporary residence permit in Poland.
The law on assistance to citizens of Ukraine in connection with an armed conflict in the territory of that state stipulates that a temporary residence permit will not be issued in a situation where:
a) it will be required for reasons of state defense or security, or for the protection of public safety and order, or
b) the data of a citizen of Ukraine is entered in the list of foreigners whose stay in the territory of the Republic of Poland is undesirable, or
c) a citizen of Ukraine will submit an application 18 months from the date of legal entry to Poland.
These will be the only cases in which the office will refuse to issue this permit.
According to the Law on Assistance to Ukrainian Citizens, the lack of health insurance, sufficient funds to cover the costs of living or the place of residence will not be taken into account when granting this permit.
Legal basis: Art. 22 and Art. 38 Law on Assistance to Citizens of Ukraine in connection with Armed Conflict in the Territory of the State