As a result of the armed conflict in the Ukraine, many of its citizens have come to Poland. These people are already or will be looking for work here, on our territory.
On March 12, 2022, the provisions of the law concerning assistance to Ukrainian citizens during the military conflict on the territory of Ukraine came into force. Among other things, this law lays down specific rules for allocating work to Ukrainian citizens. Any employer employing such a person is obliged to apply the rules introduced by the provisions of this law.
When can a Ukrainian citizen legally work in Poland?
In accordance with the provisions of the above-mentioned law, a Ukrainian citizen is authorized to work on the territory of Poland if his/her stay on this territory is considered legal or if he/she is a Ukrainian citizen legally residing there.
If a Ukrainian citizen or a Ukrainian citizen in possession of a “Pole’s card” has arrived on the territory of the Republic of Poland directly from the territory of Ukraine as part of military operations carried out on the territory of that country, and also when he or she has come legally to the territory of the Republic of Poland during the period from February 24, 2022 to the date specified in the Regulation of the Council of Ministers, and declares his or her intention to remain on the territory of the Republic of Poland, his or her stay on that territory is considered legal for a period of 18 months from February 24, 2022.
It should be emphasized that the above provisions do not apply to certain Ukrainian citizens. These are certain categories of people who have applied for international protection in the Republic of Poland.
A Ukrainian citizen whose stay on the territory of the Republic of Poland is considered legal is assigned a PESEL personal identification number on the basis of an application submitted to an executive body of a municipality on the territory of Poland (i.e. the office of the municipality/community).
Temporary residence permit
A Ukrainian citizen, whose stay on the territory of the Republic of Poland is or was considered legal, is granted a temporary residence permit upon application. This permit is granted on a one-off basis for a period of three years. The application for a temporary residence permit is submitted by a Ukrainian citizen no earlier than 9 months from the date of arrival on the territory of Poland, but no later than 18 months from February 24, 2022. Applications submitted before the expiry of 9 months from the date of entry will not be recognized. Ukrainian citizens who have been granted a temporary residence permit have the right to work in the Republic of Poland without the need for a special work permit.
Employer’s obligations
If an employer wishes to hire a Ukrainian citizen, he is obliged to inform the relevant district employment office (given the employer’s head office or place of residence) that he has assigned him to this job. This notification must be made within 14 days of the date on which the Ukrainian citizen is hired. This procedure also applies to Ukrainian citizens who came to Poland on or after February 24, 2022, and to people who are legally resident in Poland in another capacity, for example on the basis of a temporary residence permit. In a situation where residence on the territory of the Republic of Poland is considered legal, notification takes place via the electronic system – praca.gov.pl.
It should also be pointed out that the obligation to inform the relevant district labor office within 14 days does not deprive the employer of fulfilling other obligations connected with hiring, which do not derive directly from the aforementioned law. These obligations are, for example: the appropriate amount of remuneration, which may not be less than the minimum wage or the minimum hourly rate; the obligation to conclude a written contract, which includes the conditions included in the affirmation, even before signing the contract; to provide a translation of the contract in a language understandable to Ukrainian citizens; to declare the employee to social security and health insurance within 7 days of the date of hiring.
