Employment of Ukrainian citizens in Poland
In the logstep of the war in Ukraine, special provisions have been introduced to facilitate legal residence and work in Poland for the citizens of that country.
Below, we present you with a summary of the most important information regarding the employment of Ukrainian citizens.
Legal employment
1. A citizen of Ukraine may legally work in Poland if:
- he has a legalized title of residence
- he arrived from the territory of Ukraine legally, in the period starting from 24th of February 2022 onwards and declares an intention to stay.
An employer may hire a Ukrainian citizen on the basis of an employment contract or a contract of mandate.
According to the current legislation, also the spouse of a Ukrainian national, regardless of their citizenship, has the right to a legal employment (based on a notification filed by an employer), if they arrived to Poland from the territory of Ukraine, on account of the Russian invasion.
Confirmation of the legality of entry:
The legal confirmation of crossing the border is evidenced by a stamp (with date) attached to the passport or any other travel document by an officer of the Polish Border Guard.
If the entry has not been logged at the border control directly, the Ukrainian citizen should apply for a PESEL number, no later than 90 days after crossing the border. This will legalise the stay.
2. Eligibility to undertake employment on the territory of the Republic of Poland based on the so-called stamp:
According to the new regulations, legal employment is also available for Ukrainian citizens, who have not yet obtained a residence title, but have started such a procedure before the 24th of February 2022.
In this case, the residence title would be the stamp attached to the travel document by the voivode.
The stamp confirms that the following application has been submitted:
- granting a temporary residence permit or;
- extending a national visa or a Schengen visa, or;
- granting a permanent residence permit or a long-term EU residence permit.
3. Extension of stay:
If the last day of legal residence, based on a national visa or a temporary residence permit, of a citizen of Ukraine falls before the 24th of February 2022, it becomes automatically extended until the 31st of December 2022.
How to legally employ a Ukrainian citizen?
An employer may hire a citizen of Ukraine or his/her spouse if his/her stay on the territory of Poland is legal (under the special act of law) and documented (based on visa or a visa-free movement).
Within 14 days from the date of commencement of employment, the employer is obliged to notify the relevant Poviat Employment Office or make an electronic notification through the portal: praca.gov.pl
The abovementioned guidelines apply not only to the citizens of Ukraine who entered the territory of the Republic of Poland on the 24th of February 2022 and thereafter, but also to the individuals who reside in Poland legally on other terms, e.g., on the basis of a temporary residence permit.
An employee holding a Ukrainian citizenship also does not necessarily require a PESEL number to undertake employment, provided they are in possession of a biometric passport. However, a PESEL number is required for the annual PIT return.
Legal basis:
Act of 20 April 2004 on employment promotion and labour market institutions (art. 87, 88z, 88za)
If you have any questions regarding this topic or if you are in need for any additional information – please do not hesitate to contact us:
CUSTOMER RELATIONSHIPS DEPARTMENT
ELŻBIETA NARON
Head of Customer Relationships
Department / Senior Manager
getsix® Group
***
