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IMPACT – MEDIUM
What is the change? Poland has adopted legislation that imposes new notification and documentation requirements on foreign companies sending employees to work in Poland.
What does the change mean? Affected companies are now required to notify Poland’s National Labour Inspectorate of the secondment of any employees (whether they are EU nationals, non-EU nationals or even Polish nationals) no later than their start dates. Companies must also provide notification of change to the inspectorate within seven days of a change in the employee’s status in Poland or at the company. For secondees in Poland whose applications were pending as of June 18, notification must be provided before Sept. 18 in order to avoid penalties. Finally, companies also must adhere to new documentation requirements, including keeping documents relating to the secondment in Poland and available for inspection upon request by Polish authorities.
Background: The changes were adopted to move Poland into compliance with Directive 2014/67/EU of the European Parliament. Under the law’s notification provisions, sending companies can provide notice of secondment to the Labour Inspectorate either electronically or via a hard-copy form.
BAL Analysis: Affected employers should make sure they follow Poland’s new secondment procedures and documentation requirements. Contact your BAL professional with any questions about the changes or steps required to stay in compliance.
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 © 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.
What is the change? Poland has temporarily suspended its participation in the Schengen agreement as a security measure in the lead-up to the Catholic Church’s World Youth Day later this month.
What does the change mean? Border controls, including for EU nationals, have been instituted at Polish airports, seaports and land borders. Travelers should be prepared to show valid passports or, in the case of EU nationals, ID cards. Poland has also suspended an agreement that allows residents of Ukraine and the Russian exclave of Kaliningrad Oblast to freely travel up to 50 kilometers into Poland.
Background: A number of EU countries have reintroduced border controls as Europe grapples with a refugee crisis and ongoing terrorist threats. Poland instituted the border checks as a temporary measure in the lead-up to last week’s NATO summit and this month’s World Youth Day events, which will be held July 26-31 and include a visit from Pope Francis. The temporary border controls will be lifted by the end of the day on Aug. 2, according to Polish officials.
BAL Analysis: While the imposition of border controls may cause delays, the measures are temporary and are not expected to cause significant travel disruptions.
What is the change? Applicants for residence permits cards in Warsaw and Wroclaw are seeing delays of up to four months.
What does the change mean? Residence permits are normally issued within four months, but wait times are now reaching six to eight months. The delays have left some foreign workers of neighboring countries stuck in Poland as they await the issuance of their residence permit once their six-month National “D” visas expire.
Background: Poland has been experiencing processing delays for some time. The current delays in residence permit processing have caused particular problems for nationals of neighboring countries, including Belarusians, Russians and Ukrainians, who are eligible for fast-tracked Oswiadczenie work permits. This is because without a residence permit they cannot receive a work permit before their six-month National “D” visas expire. Applicants for full (Type A) work permits receive 12-month visas and have not been as impacted by the backlog. In cases where visas expire before residence permits are issued, affected workers do not lose their eligibility to remain in Poland but risk being turned away upon re-entering the country.
BAL Analysis: Employers should brace for delays and other problems associated with the increased processing times. BAL has, in some cases, been able to draft additional support letters to speed up the issuance of residence permits. Another option is to apply for a Type A work permit even for those who qualify for Oswiadczenie work permits, but there have been reports of delays with Type A work permits as well. Employers should work with their BAL professional to strategize how best to address this challenge on a case-by-case basis.
What is the change? Poland has now stopped issuing tax ID numbers automatically to EU nationals as well as non-EU nationals.
What does the change mean? All foreign workers who require a tax ID number, including EU nationals, must follow separate procedures to acquire the number. In the past, an ID number (PESEL) that also served as a tax ID number was issued to foreign residents in the immigration process.
Background: Last month, Poland stopped issuing PESEL numbers to non-EU nationals. Polish authorities have now stopped issuing the number to EU nationals.
The PESEL number is an 11-digit number used to access services at government offices, banks, hospitals and for tax purposes. In the past, the number was issued automatically when a foreign worker registered their local address. A different type of number is now being issued in lieu of the PESEL, called an NIP or “tax identification number.” This involves a separate process for foreign nationals outside of the immigration procedures.
BAL Analysis: The change will not affect foreign assignees posted to Poland, but will affect all foreign nationals working on local contracts with a Polish employer. Companies should be aware that even EU nationals will no longer receive a PESEL number automatically and must take steps to apply for an NIP number. BAL can assist employers and foreign employees in this process.
What is the change? Poland has changed its procedures for non-EU employees to receive a tax identification number.
What does the change mean? The PESEL number, an 11-digit number used for identification purposes, will no longer be issued automatically in the immigration process.
Background: As of March 1, non-EU residents in Poland are no longer entitled to a PESEL number. EU nationals will continue to receive the PESEL number.
Previously, the number was issued automatically when foreign workers registered their local address and was the final step in the residence process. The PESEL number is an ID number granted to all Polish residents and is used to access services at government offices, banks, hospitals and for tax purposes. A different type of number is now being issued for tax purposes, called an NIP, or “tax identification number.” This number is now required for non-EU workers on local contracts whose salary is paid in Poland, but not for assignees posted to Poland.
BAL Analysis: Non-EU nationals will no longer receive a PESEL number and will have to use their passports for daily identification purposes. Those workers on local contracts who are liable for taxes must apply for an NIP number. BAL can assist employers and foreign employees in this process.
IMPACT – LOW
What is the change? Australia and Poland have begun a new reciprocal Work and Holiday Visa program for young people.
What does the change mean? Up to 200 individuals between the ages of 18 and 30 in each country may apply for these visas, which will allow them to travel and study in each other’s countries for short stays.
Background: Poland is the 11th country to have a reciprocal work and holiday visa arrangement with Australia, joining Argentina, Bangladesh, Chile, Indonesia, Malaysia, Papua New Guinea, Thailand, Turkey, the U.S. and Uruguay.
Australia’s Work and Holiday program allows foreign nationals to visit for up to one year, during which time they may study for up to four months and work for up to six months for an employer.
BAL Analysis: The Work and Holiday Visas provide an opportunity for employers with global training programs to employ Polish and Australian nationals.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN 9683856