Under the new regulations, members of the management board and commercial proxies of Polish firms must have a work visa
The Government Legislation Center's website has a draft of a new act on employment of foreigners that seeks to simplify and lower administrative hurdles for foreigners seeking to work legally in Poland. It is one of the phases of the National Reconstruction Plan's implementation of the so-called milestone A4.1, "Effective institutions for the labor market."
A member of the management board's work authorization
The draft's article 36, which inadvertently legitimizes the practice of some voivodes when issuing type B work permits—permits that allow a foreigner to act as a member of the management board, commercial proxy, or to manage the affairs of a limited partnership or limited joint-stock partnership, or to represent such a company—is one of the many changes that have been made.
Expiry date of permits
If the employing entity engages in economic activity [including as a capital company and a partnership] on Polish soil, the following conditions must be met in order for a work permit to be issued in connection with the performance of a specific function for a period of time not exceeding one year:
- for less than 1 year, or
- does not meet any of the following conditions:
- achievement by the company on the day of submitting the application of income not lower than 12 times the average monthly salary in the voivodship, announced by the President of the Central Statistical Office, or
- employment by the company for an indefinite period and full-time at least two employees, who are Polish citizens or citizens of Great Britain, or foreigners who may be employed by the employer without a work permit (specific categories, although not numerous, are given in the text of the act).
In light of the foregoing, the draft's authors hope to significantly restrict the possibility of legalizing the employment of foreigners in managerial positions in businesses that have just started up and those that have been around for a while but still don't meet the requirements for income or create jobs for Poles or those who live permanently in Poland.
In the latter case, so far employers have usually submitted business plans proving that one of these two criteria will be met in the future. In such cases, some voivodes issued work permits limiting their validity period to 1-2 years, so that after this period and after submitting an application for a similar work permit for another period, they could analyze the previously submitted business plan and determine to what extent the company has implemented its assumptions. At the same time, this practice was not based on any specific legal provision and was not common.
The situation will change after the new act is adopted, but not for the better. The option of legalizing the stay and work in Poland based on business activity or holding positions on the company's management boards will not be as appealing in the case of new companies or companies carrying out a small-scale activity, given the current length of the procedures for issuing work permits, which can sometimes reach 12 months.
Ukrainian citizens' unique situation
Due to the Act on Assistance to Ukrainian Citizens in Connection with an Armed Conflict in the Territory of that country, adopted in March 2022, the plans of the lawmaker presently apply to Ukrainian citizens to a reduced extent.
Given that the relevant employment office was notified of the employment of a Ukrainian citizen within 14 days of the start of the work, the provisions of this law allowed Ukrainian people to do work without the need for work permits. This frequently also applies to Ukrainian citizens serving as directors and proxies of corporations, provided that they are hired pursuant to an employment contract or contract of mandate.
Our attorneys with expertise in Polish immigration law will aid you in obtaining work permits for foreign workers and in meeting all other requirements for the authorization of your stay or employment in Poland.
Please contact us: info@atozserwisplus.pl
