Legal issues
Life & work
Guidebooks
Editor
As getting legal work in Poland equals getting stay rights, foreign employees in Poland are very dependent on their jobs. Losing them means losing residence rights. A new postulate says that foreign workers should be able to get work permits that do not name a specific workplace, but rather allow them to have the right to be employed over a given period of time by any entity in Poland. If restrictions need to exist, the new kind of permit could be limited to a specific area or profession, if necessary.
Due to extending periods of verification of foreigners’ documents, employers in Poland propose to make their work legal the moment they file all necessary documents. If foreign workers’ application forms are complete, they should be allowed to start work, and in the meantime officials can work out the validity of the application. This way, the final confirmation will simply deem the work done up to the moment legal.
If a foreigner continues to perform their duties legally for a specific period of time (for instance, 3 years), they can be granted a special permit – a joint work and residence permit for a longer period of time, e.g. 5 years.
Employers in Poland demand more rights for graduates of Polish high schools and universities. They should receive a joint work and residence permit valid for 3 years after the graduation. After that time, they ought to be able to get a permanent residence permit straight away.
Legalising a stay by a foreigner should be done online – claim Polish employers. Documents may be scanned and uploaded into systems or websites designed with this aim in mind. Personal visits to foreign departments in Voivodeship Offices should be restricted to minimum.
The final claim made by entrepreneurs in Poland concerns the National Labour Inspectorate (in Polish: Państwowa Inspekcja Pracy, PIP) – an institution which now controls and oversees the work done by foreign employees in Poland. It is different for Polish employees, as for them the inspectorate serves as a mediator and advisor rather than inspector. Changing its nature would make it easier for expat workers to contact PIP if they feel like getting help in labour matters.
Do you see these changes as necessary as well? It is still unknown, whether the offers will become official provisions over time.