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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.
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 – 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.
When traveling to Poland, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Poland, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
In most cases, foreign nationals are advised to only engage in business activities for up to 30 calendar days as there are limits placed on the permitted period of stay depending on the specific activity and job title. An individual assessment is recommended prior to travel to determine the advisable period of time that the activities may be conducted.
If I qualify as a business visitor, do I need a visa for Poland?
Nationals of the European Union, the United States and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Poland.
Poland is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Poland and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.
The activities below, whether paid or unpaid, generally constitute work under Polish law. This list is not exhaustive, and many other professional activities are considered work in Poland, even if conducted for a short duration.
Poland does offer short-term work authorization exemptions for certain activities and groups of foreign nationals, including short-term and technical activities, without obtaining work authorization. An individual assessment by an immigration consultant is recommended in order to determine whether a foreign national is eligible for one of the short-term work authorization exemptions.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Poland. The most common types of Polish work authorization are:
Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain a work permit in order to work in Poland. However, registrations or other formalities may be required prior to working or residing in Poland.
Additional long-term work authorization exemptions are available in Poland for certain groups including permanent residents and students. In these cases, a legal assessment to determine the possibilities for a work authorization exemption should be obtained prior to traveling.
The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the U.K., has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in Poland.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.