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Planned amendments on the full electronicisation of proceedings related to obtaining work permits for foreigners

Planned amendments on the full electronicisation of proceedings related to obtaining work permits for foreigners

Date05 Sep 2022

kancelaria prawna sdzlegal Schindhelm

A draft law on the employment of foreigners has appeared on the website of the Governmental Legislation Centre, which aims to streamline procedures for entrusting work to foreigners in Poland, reduce the backlog of cases being handled by offices, as well as the full electronicisation of proceedings.

The leading change is the electronicisation of proceedings for obtaining a work permit. It will cover the stages from submitting the application through the decision to its receipt.
Both the employer and the foreigner will be required to create an account in the ICT system. By creating an account, the foreigner will be able to check, among other things, whether a decision has been issued in his case.
It is worth mentioning that decisions will be delivered electronically. The appeal procedure will also be conducted electronically.
In addition, regulations are planned that assume the abandonment of the so-called labour market test, which should speed up the procedure for obtaining a work permit.
In addition, a remuneration database will be created within the framework of this system, thanks to which authorised bodies will be able to compare the adequacy of the proposed remuneration to the remuneration offered on the local labour market.
The explanatory memorandum to the draft states that “the ICT system on work permits will be linked to the ICT systems on visas and residence permits for foreigners and the system containing data on border crossings by foreigners.”
It is also worth noting the proposals according to which an employer will not obtain a work permit for a foreigner in case of arrears in the payment of Polish social security (ZUS) contributions.
At present, the draft is in the initial stage, i.e. in public discussion phase.

kancelaria prawna sdzlegal SchindhelmSource: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

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Elżbieta Naron

Head of Customer Relationships
Department / Senior Manager
getsix® Group
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