Changes in hiring foreign workers

by Małgorzata Kolasa-Dorosz

21 January 2022

The amended Foreigners Act was signed into law in early January 2022 to modify procedures for hiring foreign workers, especially those from Ukraine, Belarus, Russia, Moldova, Georgia and Armenia.
 
The changes are designed to facilitate and streamline the process of issuing declarations of employment and temporary residence permits to foreigners.
 

Declaration of employment

The key change is the possibility to employ a foreigner on the basis of a declaration of employment (issued so far for a maximum of 6 months) for a period of up to 24 months. Thus, employers may hire foreign workers from selected countries (e.g. from Ukraine and Belarus) for a longer period of time without obtaining a relevant permit, e.g. a work permit. The amended Act also repeals the 12-month accounting period to enable employers to hire foreigners uninterruptedly on the basis of successive declarations.
 

Permits

The amended Act also extends the circumstances that will not require changing or issuing new permits. This makes it much easier for foreign workers to change their job role, working hours or employer.
 
Employees who will apply for a residence and work permit (single permit) will not have to prove – as required so far – that they have a place of residence and earn stable and regular income. These conditions have been replaced by the requirement that a foreigner receives no less than the minimum wage.
 
If you have any questions about changes in hiring foreign workers, you are welcome to contact our experts.