Work for Ukrainian citizens – obligations of Polish employers

From 15 March, it has been possible to submit notifications about assigning work to Ukrainian citizens via the portal praca.gov.pl, as provided for in the Act of 12 March 2022 on assistance to Ukrainian citizens in connection with the armed conflict on the territory of that country. However, some employers still have doubts as to whether the notification replaces a work permit/declaration of entrusting work for every employee from Ukraine, as well as which documents should be requested from the prospective employee to ensure their legal stay in Poland.

Which Ukrainian citizens does the special act grant the right to work in Poland?

According to Article 22(1) of the special act, a Ukrainian citizen is entitled to perform work on the territory of the Republic of Poland during a stay compliant with applicable regulations, if:

1. their stay in the territory of the Republic of Poland is considered legal under Article 2(1) of the special act, or
2. they are a Ukrainian citizen legally staying in the territory of the Republic of Poland

– provided that the entity entrusting the work notifies the poviat labour office competent for the seat or place of residence of the entity within 14 days from the day the Ukrainian citizen commenced work.
The above also applies to spouses of the aforementioned Ukrainian citizens.

When is a Ukrainian citizen’s stay in Poland legal?

According to information from the government website, this concerns Ukrainian citizens who:

• are legally staying in Poland and hold a valid residence title, or
• have arrived legally on Polish territory since 24 February 2022 from Ukraine and declare their intention to remain in Poland.

A residence title is a document that entitles a person to stay on the territory of Poland or another EU country. This may include, among others:

• a permanent residence permit
• a temporary residence permit
• a passport in the case of entry and stay in Poland under visa-free movement
• a certificate of temporary protection issued by the Office for Foreigners.

Employers’ obligations
A Polish employer can legally employ a Ukrainian citizen or the spouse of a Ukrainian citizen, provided their stay in the country is legal.

Within 14 days from the date the work commenced, the employer must inform the poviat labour office – competent for the seat or place of residence of the employer. This must be done via the portal praca.gov.pl by filling in the notification form about entrusting work to a Ukrainian citizen (PSZ-PPWPU).

This procedure applies both to Ukrainian citizens who entered Poland on or after 24 February 2022, as well as to persons legally staying in Poland on another basis (e.g., temporary residence permit).

Employers should also not forget about general obligations such as registering employees with the Social Insurance Institution (ZUS) or paying at least the statutory minimum wage.