The employment of Ukrainian citizens in Poland is governed by different regulations, depending on how long the person has been in Poland and for what purpose. The most popular and convenient form of employment for employers of Ukrainian citizens is the so-called entrustment of work. Such entrustment is possible on the basis of a statement and on the basis of a notification.
Statement on entrustment of work to a citizen of Ukraine
Before the outbreak of armed conflict on the territory of Ukraine, a Polish employer had the opportunity to entrust work to a citizen of Ukraine only on the basis of a statement. The statement had to be registered via the portal praca.gov.pl at least 7 days in advance of the planned commencement of work by the foreigner. Work could be performed after the statement was entered in the register of declarations of entrustment of work. Work on the basis of one statement can be carried out for 24 months.
Notification of entrustment of work to a citizen of Ukraine
With regard to citizens of Ukraine residing in Poland due to warfare, after February 24, 2021, employers can use the entrustment of work to a citizen of Ukraine on the basis of a notification. Notification is also made through the labor.gov.pl portal, but unlike the statement – not previously but subsequently. Notification must be made within 14 days from the date of commencement of work by a citizen of Ukraine. Work can be provided for the period of legal stay of a citizen of Ukraine in Poland on the basis of the so-called “special law”.
Exceeding the 14-day deadline for notification of assignment of work
There are situations in which the 14-day deadline for notification is exceeded for various reasons. These reasons may lie both with the employer and the employee. It is worth knowing at the same time that, regardless of the reasons for exceeding the deadline, notification of employment reaching back more than 14 days is not possible. The system blocks the possibility of such notification, which puts the employer in a difficult situation. At first glance, there are 2 options for action: he has a choice to make a notification regarding an incorrect start date that falls within the 14-day range, or not to make a notification at all. However, neither of these solutions is recommended.
What to do if the 14-day deadline for notification of work assignment is exceeded?
There are situations in which the 14-day notification deadline is exceeded for various reasons. These reasons may lie with both the employer and the employee. It is worth knowing at the same time that, regardless of the reasons for exceeding the deadline, notification of employment reaching back more than 14 days is not possible. The system blocks the possibility of such notification, which puts the employer in a difficult situation. At first glance, there are 2 options for action: he has a choice to make a notification regarding an incorrect start date that falls within the 14-day range, or not to make a notification at all. However, neither of these solutions is recommended.
What to do if the 14-day deadline for notification of work assignment is exceeded?
Fortunately, there is a 3rd solution. It involves terminating the existing employment relationship with the Ukrainian citizen and deregistering him, and re-registering and making a new notification within the 14-day deadline. This is the solution recommended by the District Labor Offices. Unfortunately, this solution is not free of risks. It is not entirely clear how to treat and account for an employment relationship that has been deregistered and “canceled” in the system, so to speak. We also cannot firmly state how much risk there is that the employer will be held liable for illegal assignment of work. For these reasons, we encourage ongoing monitoring and compliance with the time required for notification.