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What is the news? The Supreme Audit Office (NIK) has commenced a widespread audit of voivodeship offices and labor offices throughout Poland as well as the Office for Foreigners (Urząd do spraw Cudzoziemców) and other offices responsible for immigration policy and oversight.
What does the news mean? The audit aims to assess the cause of immigration processing delays across the country and the government cost associated with these delays.
Background: Poland has seen an influx of foreign workers over the last few years, and the increasing numbers of work and residence permit applications have caused processing delays across the country. In the Lower Silesia region, namely Wroclaw, processing is especially slow and foreign nationals sometimes must wait more than a year for their temporary residence permit to be adjudicated, even though the process should be completed within two months according to Polish law. Similarly, while the statutory processing time for work permit applications is one month, some voivodeship offices are seeing delays of up to three months in issuing their decisions. While the authorities are able to prolong processing times in the case of complicated cases, they must inform applicants of the adjudication timeline. Recently, an increasing number of legal complaints have been filed for cases in which processing was extremely delayed, sometimes by several months. Many complaints have led to the administrative courts awarding monetary damages to those affected. The recent NIK audit aims to evaluate the cost and practical implication of these delays.
Analysis & Comments: While the implications of the audit will not be publicized until the second quarter of 2019, the results will allow the government to better assess the scope and breadth of immigration processing delays in Poland.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
IMPACT – MEDIUM
What is the change? Poland has announced the 2019 minimum salary threshold for EU Blue Card applications. What does the change mean? The threshold will be increased to 6,977.55 zloty gross (about US$1,836) per month.
Background: The new salary threshold is part of an annual average income review published by the Polish Main Statistical Office.
Analysis & Comments: Polish employers should budget for the new minimum salaries, which represent an 8.9-percent increase over last year’s thresholds.
IMPACT – HIGH
What is the change? The Polish government has published a draft bill outlining the rights of United Kingdom nationals already living in Poland before March 29, 2019 to be applied if the U.K. withdraws from the European Union without an agreement. If Brexit is delayed, the draft bill would only come into effect as of the U.K.’s date of exit from the EU and only in a no-deal Brexit scenario. The bill is still in the draft stage and needs to be approved by the government at the voting stage.
Key provisions in the bill:
Analysis & Comments: The draft bill makes it imperative that all U.K. nationals residing in Poland complete an EU national registration and obtain a certificate of registration before March 29; otherwise, they will forfeit their ability to apply for residency under the Brexit route and immediately be considered third-country nationals as of Brexit day. Although the registration procedures are already mandatory, many U.K. nationals may be unaware of them or have not completed them because as EU nationals they currently enjoy free movement to work and reside in Poland.
What is the change? Poland has updated minimum salary requirements for workers on local employment contracts, posted workers and ICT mobility permit holders. Authorities have also put in place new minimum income thresholds for residency permits.
What does the change mean? Foreign workers on local employment contracts must earn at least 2,250 złoty (about US$601 or €524) per month. Posted workers and ICT mobility permit holders must be paid according to the applicable regional salary minimum. Residency permit holders must be supported by an income of at least 528 zloty per month.
Additional information: The salary minimum for local employment contracts affects foreigners hired locally throughout Poland, i.e., those holding Type A work permits or residency permits with right to work. The minimum salary threshold for posted workers (work permits C, D and E for assignments) and ICT mobility permit holders depends on the administrative region, or voivodship, where the applicant applies for the permit. Finally, the minimum income thresholds for residency permits apply to all foreigners applying for residency permits, including dependent family members.
Analysis & Comments: Employers should be sure to account for the new salary minimums when planning their budgets. Foreigners who are submitting applications for residency permits need to be sure that the new minimum income thresholds per family member are satisfied. Polish authorities are expected to announce new EU Blue Card salary thresholds in February.
What is the change? The local Warsaw immigration office has begun implementing a new appointment booking system for work permit applications in Warsaw and the Mazovian region.
What does the change mean? The new system, in a trial phase, is now accepting appointments. With the new process, applicants will know whether or not their work permit appointment is granted at the appointment booking stage on the basis of a preliminary assessment of the employer and the impact that the employer has on the Polish labor market. Subsequently, applicants will receive a decision on their application on the day of the work permit appointment (provided that all required documents are submitted). With the change, the entire application process from the date the appointment is booked to the date a decision is communicated should take two or three working weeks.
Background: The previous work permit appointment system through the online scheduling portal inhibited the efficient booking of appointments. Appointments were booked out immediately after their release, creating an unreliable system and lengthy process. Overall, obtaining a work permit in Warsaw and the Mazovian region was becoming increasingly difficult and challenging to manage.
Analysis & Comments: Warsaw’s new work permit appointment booking system replaces an electronic system that frequently booked completely as soon as appointments were available. The new system is expected to effectively facilitate the work permit appointment booking and work permit submission process. Employers should anticipate delays while the new system is implemented.
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.
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.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The monthly salary threshold for EU Blue Card holders has increased to 6,407.27 Polish zloty (about US$1,890 or €1,530).
What does the change mean? This represents a 9.5-percent increase over last year’s level. Employers should plan their budgets accordingly.
Background: EU Blue Card salaries are indexed annually and must be at least 1.5 times the average salary in the issuing country. Polish authorities announced the new salary threshold in February.
BAL Analysis: Employers should be sure to account for the new salary levels when planning their budgets.
What is the change? The Polish government has implemented a new work permit law.
What does the change mean? Authorities have imposed new documentation requirements on employers, expanded the Type B work permit requirements, added requirements for nationals of six neighboring countries, provided new seasonal work permits and established new ground rules for denying work permit applications. Additionally, the Ministry of Labour may decide to limit the number of work permits or residence and work permits.
Background: The changes were signed into law in 2017 and took effect Jan. 1. The law:
The new law also allows authorities to put annual caps on the number of work permits that will be issued, but authorities have so far not set any limits.
BAL Analysis: Employers should become familiar with the new requirements and should anticipate delays when submitting work permit applications.
In an unprecedented move, the European Commission has triggered Article 7 of the Treaty on the European Union against Poland, calling for a vote of EU member states on whether the Polish government’s changes to its judiciary violate EU fundamental rights.
“[T]he Commission has today concluded that there is a clear risk of a serious breach of the rule of law in Poland,” the European Commission said in a statement Wednesday. “Judicial reforms in Poland mean that the country’s judiciary is now under the political control of the ruling majority.”
If 22 of the 28 member states and the European Parliament agree that Poland has violated the EU’s fundamental values, including the rule of law, Poland could be sanctioned and have its EU voting rights suspended.
Background: Poland became a member of the EU in 2004. In recent years, Poland has changed the structure of its judiciary, including lowering the retirement age of Supreme Court judges from 70 to 65 (60 for female judges), allowing lawmakers to choose judges, and allowing cases from the past 20 years to be reopened.
The Commission set out actions that Poland needs to take to reverse the changes and restore the judiciary’s independence in order to address the Commission’s concerns.
BAL Analysis: The Commission expressed its concern that without judicial independence, EU law would not be protected on a range of issues from family law to business investments to criminal law. However, even if Poland were to lose EU voting rights, such sanctions would not affect immigration or mobility between Poland and the EU, as free movement is one of the fundamental principles that could only be infringed by the loss of EU membership.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Foreign companies are reminded that Sept. 18 is the deadline for providing notice to the Polish government of the presence of any workers in Poland who were seconded before June 18 and whose secondment remained valid as of that date. Companies must also gather documents related to the secondment by the Sept. 18 deadline, including work contracts and documents confirming hours and pay.
What does the change mean? The requirement is one of a number of measures in a recently passed law that also requires companies to: notify Poland’s National Labour Inspectorate of the secondment of any employees (whether they are EU nationals, non-EU nationals or Polish nationals) no later than their start dates; provide notification of change to the inspectorate within seven days of a change in the employee’s status in Poland or at the company; and adhere to new documentation requirements, including keeping documents relating to the secondment in Poland and making them available for inspection upon request by Polish authorities. Companies have until Sept. 18 to satisfy the law’s requirements for workers seconded before June 18, provided the secondment remained valid on that date.
Background: As BAL reported last month, the secondment requirements were adopted to move Poland into compliance with Directive 2014/67/EU of the European Parliament. The law contains, among other provisions, a requirement that a company must provide notice by Sept. 18 of any secondment that remained valid on June 18. Additionally, documents related to the secondment must be gathered and made available if they are requested for inspection.
BAL Analysis: Affected companies should be sure to provide the required notice as soon as possible and no later than Sept. 18. Contact your BAL professional with any questions about the changes or steps required to stay in compliance with the new law.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.