Last updated: 24 April 2024.
The legality of the Ukrainian citizen’s stay in Poland is a key requirement for compliance with Polish labour law. Employers are obliged to carefully verify two aspects before hiring a foreigner: the first is the legality of their stay, and the second is the right to work in Poland.
For Ukrainian citizens, there are special provisions resulting from the war-specific1 introduced in response to the war situation. This special law introduces simplification and special rules for displaced persons (inappropriately often called refugees – which is a different category in Polish law) and their families, facilitating the legalisation of residence and access to the labour market.
Expatriations from Ukraine
For displaced persons from Ukraine and their spousescompliance with the requirements is required:
1. Legal coming to Poland – whether directly from ter. Ukraine or not;
2. Arrival on the day 24 February 2022 or later;
3. Arrival caused by war action against Ukraine;
4. declaration intention to stay in Poland.
In practice, sufficient proof of compliance is considered to have a PESEL number with a special UKR status and an important document from the mCitizen application, known as Dia.pl, which serves as a digital version of the residence card. (Information about Diia.pl)
The holding of PESEL UKR is not a requirement clearly defined in the law, but the practice of inspection authorities and employers shows something else.
Such a legalized stay at present is valid until 30 June 2024 (in some special cases – until 31 August or 30 September 2024).
Extension of residence permits
Speciality significantly prolongs2 period of validity of the following documents, if their term of validity expires 2February 4, 2022 or later:
– national visas;
– temporary residence permits;
– documents ‘acceptable residence permit’.
In addition, the Act allows for the extension of the legal residence of foreigners on the basis of:
– on the basis of a Schengen visa;
– on the basis of a temporary stay issued by another Schengen State;
– in the framework of visa-free movement;
provided that the last day of their legal stay in Poland falls 24 February 2022 or later and is extended to 30 June 2024.
Important: This extension does not automatically entitle you to cross borders or reside in other Schengen countries. Each case should be considered individually.
Accordingly, a Ukrainian citizen has the right to use the above-mentioned documents if their validity is from 22.02.24.
Currently, the law extends the validity of documents until 30 June 2024, but it is possible to extend this deadline further in accordance with decisions of the Council of the European Union. Any changes will be kept up to date.
Standard documents
Of course, Ukrainian citizens can use standard documents, like any other foreigner, i.e.:
– temporary stay;
– permanent stay;
– residence of EU long-term resident;
– visa;
whose validity and rules of issue are governed by Polish law and international agreements. Each of these documents enables certain rights and obligations related to the stay, work and use of public services in Poland.
How to hire a Ukrainian citizen in Poland?
After confirming the legality of the stay of a Ukrainian citizen, including spouses without Ukrainian citizenship and members of the closest family holding the Polish Charter, employers must meet certain requirements to employ this group of people.
You need help hiring a Ukrainian citizen? Find out how we can help you!
Notification of entrustment of work to a Ukrainian citizen
According to the special law, all legally resident citizens of Ukraine, are employed through a simplified procedure, known as Notice of entrustment of work to a Ukrainian citizen.
Start immediately After confirming the legality and his whereabouts. The job-telling entity is obliged within 14 days to send a notification to the competent Labour Office by means of a Party www.praca.gov.pl. This procedure is Free.
We are waiting for legislative decisions to determine what the employment procedure will look like after 30 June this year.
Note: For Ukrainian citizens holding PESEL with active status of UKR, the notification of entrustment of work is currently the only way to legalise their employment in Poland.
Statement of entrustment of work to a foreigner
For Ukrainian citizens who are not protected for displaced persons, the possibility of employment is available through statements about entrusting work to a foreigner.
The declaration shall allow work for a maximum period of 24 months.
The cost of the procedure is 100 zł.
In practice, the most common time to wait for entry in the register lasts 1-2 months.
Starting work can only begin after obtaining information on the entry of a statement in the register. During the waiting period, the posting of work to a foreigner is not allowed.
After the start and completion of work by the foreigner – entity obliged is to inform the Labour Office of this fact.
Work permit or uniform application
There is also the possibility of hiring a Ukrainian citizen who is not protected (i.e. it does not have a PESEL UKR in simplification) through a standard procedure including:
1. Work permit – where the applicant is the employer, or
2. Single residence and work permit – when the applicant is a foreigner himself
Practice shows that it is feasible Single Authorisation to stay and work is a very time-consuming procedure. Depending on the Voivodeship (the permit is issued by the Province responsible for the foreigner’s residence address), the procedure may last from 3 months to in extreme cases 2-3 years!
Authorisation is issued on a specific entity and the possibility of employment of a foreigner may take place only under the conditions laid down in the permit.
Important: Foreigner can’t start work before receiving a permit.
Other cases of dismissal
There are exceptions where the transition through the standard procedure for legalising employment is not required. In any case, they concern citizens with no UKR status.
With the obligation to have a work permit / declaration of entrustment of work, foreigners are allowed to meet one of the following conditions:
– have refugee status granted in Poland;
– benefit from subsidiary protection in Poland;
– have a permanent residence permit in Poland;
– hold a residence permit of a long-term resident of the European Union in Poland;
– have permission to stay for humanitarian reasons;
– have permission to stay tolerated in Poland;
– use temporary protection in Poland;
– have a valid certificate of protection in the territory of Poland;
– they are resident in the territory of the Republic of Poland on the basis of a residence permit issued by another Member State of the European Union and the purpose of their stay in the territory of the Republic of Poland is to carry out work as a manager, specialist or employee in the course of an intra-corporate transfer for a period not exceeding 90 days in 180 days;
References:
https://www.biznes.gov.pl/pl/portal/00211 – How to hire a Ukrainian citizen
https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1610 – statement of entrustment of foreign workhttps://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1611– Work permit
https://infoopt.pl/wp-content/uploads/2022/01/Jednolite-zezwolenie-na-pobyt-czasowy-i-pracę-FAQ.pdf – Single permit for temporary stay and work – FAQ
Foreigners Act dated December 12, 2013 (Journal of Laws 2013 item 1650)
Act on the assistance of Ukrainian citizens in connection with the armed conflict in the territory of that country from 12 March 2022 (Journal of Laws 2022 item 583)
Employment Promotion and Labour Market Institutions Act of 20 April 2004 (Journal of Laws 2004 No 99, item 1001)