The Employment of Foreigners Act is coming, here are its key points:
- temporary work agencies will continue to be able to employ foreigners also on the basis of civil law contracts and not only on the basis of an employment contract
- it introduces the possibility for a starost to specify a list of professions and types of work in which work permits will not be issued to foreigners intending to obtain employment in a given county (polish: powiat).
- the abolition of the so-called labour market test procedure (polish: test rynku pracy). At present, its purpose is to check whether an unemployed person registered at the labour office can be employed in the place to be occupied by a foreigner. At the same time, counties (polish: powiaty) will gain the competence to determine in which professions and sectors the restriction on employing foreigners is justified and for what period of time
- the introduction of obligatory prerequisites for issuing negative decisions on a work permit in cases where the employer’s firm has been established or operates mainly for the purpose of facilitating the entry of third-country nationals
Important information for employers! According to the new law, more than one authority will be able to inspect an employer at the same time, such as the Border Guard and the State Labour Inspectorate.
In further addition, the Senate rejected provisions in the draft Law on the Employment of Foreigners that assume an increase in the penalty rates for illegally employing Poles. According to the new law, the rates for illegal employment of foreigners are up to PLN 3,000 to PLN 50,000, while penalties of PLN 1,000 to PLN 30,000 are envisaged for illegal employment of Poles according to the Labour Code.