No one is surprised anymore that people migrate to other countries in search of better wages and working conditions. In Poland, we have been dealing with this phenomenon for a long time. As a result, there has been a need to amend the regulations that have been in force to date in this area. On 4 January 2022, the President signed the amended text of the Aliens Act. What exactly changes in the employment of foreigners apply in 2022?
The most important ones - along with a discussion - are presented in the article below. This knowledge will undoubtedly prove useful for both foreigners residing and working in Poland and employers employing such persons.
If you are interested in the subject of the changes that have come into effect with the new year, I also encourage you to read this post: Is it possible to escape the Polish Order?
In the meantime, I invite you to read this article.
Objective of the amendment to the Act on foreigners
The overarching aim of the amendments to the Act on Foreigners is to streamline the procedures for granting the most important permits to foreigners in connection with their stay in the territory of the Republic of Poland. In particular, this concerns work permits, temporary residence permits or permanent residence permits. These are in fact the most frequently granted permits, which in practice caused many problems. This is set to change with the introduction of new regulations, adapted to the current situation. One of the most important changes is also the guarantee of a remuneration amount for foreigners, which cannot be lower than the remuneration of employees performing work of a comparable type or on a comparable position.
In summary, in general, the changes are aimed at ensuring that the voivodeship offices, which are responsible for issuing the above-mentioned permits, process the applications of foreigners or the employers employing them more quickly. Moreover, the situation of employed foreigners in Poland is expected to improve significantly by guaranteeing them the amount of remuneration for work indicated by the Act.
The 6 most important changes in the employment of foreigners in 2022
- The amount of the foreigner's remuneration must not be lower than the remuneration of employees performing work of a comparable type or in a comparable position.
- A foreigner is entitled to the amount of the minimum wage when he/she applies for a residence and work permit - regardless of whether the employer employs him/her full-time or part-time.
- When applying for temporary residence or permanent residence, it is easier to obtain. This is possible by avoiding the need to provide proof of residence. In addition, it is not necessary to demonstrate a source of regular and stable income per family member. In practice, this means that you do not need to demonstrate the amount of PLN 701 per single person or the amount of PLN 528 per family member, in the case of a multi-person family. However, a foreigner applying for a temporary residence and work permit in Poland will have to prove the fact of having a salary of at least the minimum wage.
- Extended time period for which statements of entrustment can be issued. Until now, the deadline was 6 months. With the amendment, it has been extended to as much as 24 months, which should be regarded as a positive change. It is also possible to entrust work on the basis of successive declarations of entrustment of work without the hitherto required break. In this way, an employer employing foreigners can avoid the need to apply for a work permit, which in practice was quite a hindrance.
- The deadline for notifying the labour office of the commencement of work on the basis of a declaration has been extended.
- If there is a change in the work carried out under the permit, it can be amended by the competent authority. This is considerably easier than obtaining a new permit.
Guaranteeing foreigners a minimum wage
Pursuant to Article 88z para. 2 pt. 5 of the amended Act on Promotion of Employment and Labour Market Institutions:
"The amount of the foreigner's remuneration will not be lower than the remuneration of employees performing work of a comparable type or in a comparable position."
In view of this, a foreigner should earn the same as an employee in a comparable position. This means that at least the minimum wage will have to be paid to the foreigner. The exception will be if employees in a comparable position or of a comparable type are paid more in a given workplace. When the employer does not comply with this requirement, the employer will not be able to make an entry in the register of the District Labour Office (PUP) of the declaration of assignment of work.
Will a foreigner employed under a contract of mandate also have to be guaranteed the minimum wage?
The legal basis for the performance of the work does not seem to matter. In any such case, if the work is performed on the basis of a declaration of entrustment. Consequently, the foreigner's remuneration is to be that of an employee performing work in a comparable position. The basis of employment is not relevant in this regard.
The issue of cforeigners applying for a temporary residence and work permit in Poland. In this case, in order to obtain the above-mentioned documents, They must meet a number of conditions. These include demonstrating that they have a stable and regular income sufficient to cover the living expenses of themselves and family members, of at least the minimum wage.
When will the changes in the employment of foreigners take effect?
Legislative changes regarding the employment of foreigners have been expected for a long time. Let us therefore hope that the newly introduced regulations will have the expected effect. The amended Aliens Act became effective on 29 January 2022.
