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Assistenza legale su questioni migratorie per ucraini in Ucraina e all'estero

OTTENERE

Starting from 1 January 2025, new employment rules for foreigners will come into force in Poland, which will significantly change the current working conditions for Ukrainian and other nationals. In particular, a mandatory requirement to conclude an employment contract (umowa o pracę ) as the main form of employment relationship will be introduced. This decision is aimed at increasing the stability of labor relations, protecting employees' rights and reducing shadow employment.

Let's look at the details of the new legislation, its implications for employees and employers, as well as the exceptions that may apply to certain categories of employees.

Poland changes employment rules for Ukrainians

According to official information, starting from 2025, all foreign employees in Poland will be able to work exclusively on the basis of an employment contract. This means that other forms of employment, including civil law contracts, such as an assignment agreement (umowa zlecenie ) or a contractor agreement (umowa o dzieło), will become unavailable to foreigners.

The new rules define several basic forms of employment relations for foreigners:

• Employment contract (umowa o pracę ) - the most common form of employment, which provides social guarantees such as paid vacations, sick leave and pension contributions.

• Appointment to a position.

• Election to a position.

• Cooperative employment contract.

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What are the reasons for the changes?

The Polish government made this decision due to several key factors:

1. Fighting the shadow economy. Civil law contracts are often used to avoid tax and social contributions. This leads to a shortfall in the state budget and creates unequal conditions in the labor market.

2. Protection of employees' rights. Employees under civilian contracts do not have such benefits as paid sick leave, vacation, or pension fund contributions. The transition to labor contracts guarantees employees basic social protection.

3. Equal conditions for all employees. The innovations create the same rules for local and foreign workers, which promotes fair competition in the labor market.

Exceptions for certain professions

The new rules are not universal for everyone. Some categories of professions will continue to be able to work under more flexible forms of contracts. These categories include:

• Athletes.

• Coaches.

• Artists.

This is due to the specifics of work in these areas, where labor relations are often temporary or project-based, which does not always meet the terms of a standard employment contract.

Impact on employers

The new rules will be a real challenge for Polish employers. Those companies that have been massively using civil law contracts will be forced to:

• Reconsider their employment models.

• Switch to concluding employment contracts, which will increase labor costs due to mandatory social contributions.

• Ensure the proper organization of the work process in accordance with labor laws.

The Polish government plans to introduce a transition period to ease the burden on businesses.

What does this mean for Ukrainians?

For Ukrainian nationals, who are the largest group of foreign workers in Poland, the new rules have both positive and negative consequences:

Benefits:

• Protection of rights. Ukrainian workers will have access to social guarantees such as sick leave, paid vacation, and pension savings.

• Stability. An employment contract will provide greater employment stability and clear working conditions.

Possible difficulties:

• Increased requirements. Stricter requirements will have to be met to obtain a work permit, which may complicate the employment process.

• Decreased demand for workers. Due to rising costs, employers may reduce the number of vacancies for foreigners.

How to prepare for the changes?

For Ukrainians planning to work in Poland after January 1, 2025, it is important to prepare for the new conditions in advance:

1. Learn more about employment contracts. Find out what conditions are offered when concluding an umowa o pracę and what rights you will be guaranteed.

2. Keep up to date with legislative updates. Check information about the transition period and possible exceptions.

3. Consult a lawyer or HR specialist. This will help to avoid mistakes in the paperwork.

The new employment rules in Poland are intended to provide more transparent and protected working conditions for foreigners. Although this will create some difficulties for both employees and employers, in the long run the reform will contribute to the development of a fair labor market.

For Ukrainians planning to work in Poland, it is important to take these changes into account and prepare for the new requirements in advance. Employers, in turn, need to adapt to the new realities in order to avoid sanctions and ensure the competitiveness of their business.

If you need any support at any stage of employment abroad, please contact Visit Ukraine specialists. You can get advice on the optimal choice of a job, employer verification, registration and legalisation of diplomas, assistance in organising relocation and solving everyday issues.

We remind you! Poland has introduced new rules for the employment of Ukrainian doctors. For more details, please follow the link.

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