Labor market testing waived for hundreds of jobs

IMPACT – MEDIUM

What is the change? Poland has waived labor market testing requirements for hundreds of jobs, including dozens in information technology, healthcare, construction and transportation.

What does the change mean? Applicants for work permits in jobs that are covered by the waiver will no longer need to obtain approval from their local labor office before submitting work permit applications. This will save significant time in the application process.

• Implementation time frame: Ongoing. The waiver took effect July 1.
• Visas/permits affected: Work permits.
• Who is affected: Employers and non-EU nationals applying for jobs that are covered by the new regulation.
• Impact on processing times: The change will save applicants up to three weeks in the application process.

Background: Employers in Poland generally need to obtain approval from their local labor office before they are permitted to submit work permit applications on behalf of non-EU workers. Some exceptions were previously available on a regional basis. The July 1 regulation, however, waives the labor market testing requirement throughout all of Poland for more than 200 jobs. The list of occupations that are covered by the regulation is available here.

BAL Analysis: Employers will be able to hire non-EU workers in shortage occupations faster. The regulation applies throughout Poland and also covers applications that were pending as of July 1. Those with questions about whether a specific job is covered by the new regulation should contact BAL.

This alert has been provided by the BAL Global Practice group and our network provider located in Poland. For additional information, please contact your BAL attorney.

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