The government is planning changes to the law on employing foreigners!


About a month ago, the Ministry of Development, Labor and Technology was asked a question about work on the creation of a new law on employing foreigners. In response to a parliamentary question, the ministry confirmed that work on the assumptions concerning the aforementioned act has been completed. Find out what changes are planned to the law on employing foreigners!

Planned changes to the act on employment of foreigners

The new act on employing foreigners is to take into account not only the conclusions that arose when assessing the functioning of the current solutions resulting from the act on employment promotion and labor market institutions, but also to be a response to the changing needs of the Polish labor market. The purpose of the amendment to the regulations is, among others:

  • higher share of highly skilled workers in the labor market;
  • improving the efficiency and speed of work permit granting procedures;
  • implementation of a safe, readable and electronic system for handling processes legalizing the employment of foreigners, allowing the state to access full information on foreigners taking up employment in Poland and reducing emerging abuses.

Additionally, changes in competences in the field of "classic" work permits are also planned. They would be issued at the poviat level, and the voivode would be vested with the powers of an appeal body in matters decided by poviat authorities.

Amendments to the Act on Employment of Foreigners should enter into force on January 1, 2022, and the period of adaptation of IT systems to these changes will be approx. 2 years.

Changes in entrusting seasonal work to foreigners

Answering the MP's question, the ministry also indicated what changes are planned in terms of employing foreigners for seasonal work. We can read:

In terms of entrusting foreigners with seasonal work, it is planned, inter alia, introduction of full electronicization of procedures related to obtaining a seasonal work permit and discontinuation of the procedure for granting a seasonal work permit in cases where the foreigner did not report to the employer. Such redemption will take place automatically and will be recorded in the ICT system. The system will also automatically monitor the failure to conclude an employment contract between the employer and the foreigner or to pay social security contributions from it. It is also considered to limit the institution of a seasonal work permit only to foreigners who enter the territory of the Republic of Poland for seasonal work, i.e. the so-called directive foreigners.

Amendments to the Act on Employment of Foreigners, which have been presented above, are to enter into force from the beginning of next year. An entrepreneur employing such people should be aware of the impact this will have on his further activities. Certainly, the improvement of procedures related to the issuance of work permits may be very promising for those employing foreigners, it is known for a long time that it is a tedious, time-consuming and very engaging process.