Work in Poland

As last year, the Association of Friends of the Faculty of Computer Science in Szczecin, in cooperation with the Faculty of Computer Science of the West Pomeranian University of Technology in Szczecin, is organizing a job fair on 19.03.2023 to establish academic-business relations in the IT industry.

 The event will showcase twenty companies from Szczecin and the surrounding area that are looking for programmers, IT specialists and graphic designers. The program includes lectures, meetings with specialists and demonstrations of the latest technologies.

R@bbIT is also an opportunity to learn about the scientific potential of the West Pomeranian University of Technology in Szczecin. It will be a time to verify the circulating information about the real income in this industry, the requirements that employers have for future employees, ideas for cooperation, as well as technological novelties that are sure to surprise the visitors.

This is a day for IT students, for graduates, those looking for a career change, and all those passionate about the IT industry.

More information: 

https://wiadomosci.szczecin.eu/artykul/biznes/ratbbit-2023-targi-pracy-branzy-it

Home – Solid Color

Due to the war in Ukraine, to this day, more than 7 million people have fled Ukraine. So far, only a relatively small number of people of working age have entered the EU labour market, but the number of people looking to enter this market is expected to grow. 

Quick and effective integration into the labour market is important both from the point of view of host communities and people fleeing war. The integration enables these people to rebuild their lives and further develop their skills, and will ultimately contribute to the reconstruction of Ukraine. 

The skills and formal qualifications of people fleeing war must be properly identified and recognized to facilitate their entry into the labour market and secure employment that matches their skills. Upskilling and acquiring new skills are also crucial for successful participation in the labour market and society.

The published European Union guidelines describe measures that Member States can implement based on lessons learned and best practices gathered so far, building on previous actions at the EU level, to 

a) facilitate labour market integration of people coming from Ukraine; and 

b) provide them access to vocational education and training and adult education. Several concrete examples of EU-funded projects were presented, which could serve as a template for Member States’ initiatives in this field and enable them to make the best use of the support available at the EU level. 

The guidelines apply both to people who qualify for temporary protection under the Temporary Protection Directive and to people who qualify for adequate protection under national law. 

The basis for EU admission of people fleeing Russian invasion is the unanimous launch – for the first time ever – of the EU Temporary Protection Directive, which gives beneficiaries an immediate secure status, including access to residence permits, housing, schools, healthcare and employment. 

Under this directive, people fleeing war have the right to access the labour market, adult education and vocational education and training opportunities, and gain practical work experience. The Communication on the reception of people fleeing the war in Ukraine on 23 March encouraged Member States to extend access to the EU labour market to those using adequate protection under national law. Member States are encouraged to ensure that such people have access to vocational education and training and adult education. Adequate protection is an alternative to temporary protection that can be offered by Member States to third-country nationals who have been legally residing in Ukraine and have fled because of Russia’s attack. 

The new guidelines complete and rely on the various measures to support people fleeing the Russian invasion of Ukraine that have already been implemented at the EU level. In particular, the Commission presented operational guidelines to support Member States in applying the Temporary Protection Directive, a Recommendation to help qualified refugees access employment in the EU and a 10-point plan for closer European coordination on the reception of people fleeing the war in Ukraine. In addition, various initiatives are being implemented to help Member States make full use of available EU funds, in particular those provided for under the Regulation on Cohesion Policy Actions for Refugees in Europe (CARE). The EU has already provided €3.5 billion in advance payments to Member States to support people fleeing war.

 More information: <ukraina__komisja_przedstawia_wytyczne_maj_ce_u_atwi__osobom_uciekaj_cym_przed_wojn__dost_p_do_rynku_pracy__szkole__i_kszta_cenia_doros_ych_220614_184139 (2).docx>

The war in Ukraine broke out on February 24, so for the first refugees, it has been 183 days since entering our country. After this period, a person residing in a given country may be subject to an absolute tax obligation in the country of residence, provided that several conditions are met. 

According to Art. 4 of the Polish-Ukrainian Convention on the Avoidance of Double Taxation, if an individual is considered a tax resident of both countries, their status is first determined according to the permanent place of residence. A permanent residence is where that person has a permanent home that has been furnished and reserved for their use. In the absence of it, the place of residence where the taxpayer has his centre of vital interests is decisive. Ultimately, States settle this issue by mutual agreement.

 The Ministry of Finance indicates that a taxpayer, who is a citizen of Ukraine, may confirm the transfer of the centre of vital interests by submitting a statement to the employer or other payer, which means that they will be considered a resident in the Republic of Poland from the first day of their arrival in Poland. This is a result of Art. 52zj of the PIT Act, which was added to it in April 2022 with power from February 24, 2022. Therefore, this provision applies only to Ukrainian citizens who came to Poland due to war.

https://www.prawo.pl/podatki/ustalanie-rezydencji-podatkowej-ukraincow-w-polsce,516787.html

Rezydencję podatkową obywateli Ukrainy ustala się na podstawie oświadczeń – Ministerstwo Finansów – Portal Gov.pl (www.gov.pl)

If you have worked in Poland and Ukraine and are now applying for a pension, read the information below. If you live in the territory of Poland: 

1. fill in the appropriate form on provision from ZUS: 

2. to the application for a pension attach documents that justify granting you this provision from ZUS and will be used to calculate its amount, including:

 • employers’ certificates or employment certificates confirming contribution periods and non-contributory periods in Poland,

 • employers’ certificates or employment certificates confirming the performance of the work in special conditions or special character in Poland and Ukraine,

• employers’ certificates confirming periods of employment and the amount of salary, which was the basis for calculating contributions for social security or pension and disability insurance in Poland (can be issued on the ERP-7 form),

 • insurance card, which contains entries regarding periods of employment and the amount of salary in Poland, 

• a certificate from a university confirming the period of study and its program duration,

 • a military ID or a certificate from the Military Draft Office about the period of active military service, 

• copies of children’s birth certificates.

3. Fill in the appropriate claim form from the insurance institution of Ukraine as well. 

Based on these documents, the pension due to you from ZUS will be calculated, and the application will be submitted to the Ukrainian insurance institution. This institution will consider the application based on its national regulations and decide on the pension.

What steps should an employer employing a citizen of Ukraine take?

– The employer should notify the poviat labor office competent for the seat or place of residence of the entity that work has been entrusted to that citizen within 14 days from the date of commencement of work by a citizen of Ukraine.

– Such notification entitles the foreigner to perform work without the obligation to have a work permit or declaration. Failure to meet these conditions means that it is impossible to perform work without a work permit.

– The notification is made via the ICT system- https://www.praca.gov.pl/eurzad/index.eup#/panelOgolny

In the notification, the entity entrusting the performance of work to a citizen of Ukraine provides, information on the entity entrusting the performance of work to a citizen of Ukraine (name or first name (s) and surname, address of the seat or place of residence, business phone number or e-mail address, NIP and REGON identification number – in the case of an entity conducting business activity, or PESEL number – in the case of a natural person) and personal data of a citizen of Ukraine.

Entity entrusting the performance of work also informs about type of contract between the entity entrusting the performance of work and the citizen of Ukraine, position or type of work performer and place of work.

In the case of Ukrainian citizens who entered Poland from February 24, 2022, submitting an application for a PESEL number and receiving a PESEL number is a confirmation of legal residence under the Specustawa.

In Polish law, it is necessary to register your business in the relevant register to run your own business. This register depends on many factors, including especially the assumed legal form of the enterprise. 

Nevertheless, not everyone needs to run a large-scale company. Non-registered businesses serve such small gainful activities. Its basic criteria are:

– income from activity in any month of a given year does not exceed PLN 1,505 (this is the current amount related to 50% of the amount of the minimum wage)

– in 60 months before these activities, no registered business activity was conducted

A person conducting such activity is not obligated to pay ZUS contributions, does not need NIP and REGON numbers, does not pay VAT, and must maintain simplified sales records instead of complicated accounting. 

However, it is important that the person running the business has the status of an entrepreneur in the meaning of the provisions of the Civil Code. For this reason, the person is no longer a consumer and needs to know his obligations resulting from this role. 

This form of activity works well when working from home – the so-called chałupnicza or seasonal work related to harvesting fruits, vegetables, or undergrowth.

As a result of nostrification, a certificate is obtained, confirming that the diploma achieved abroad is recognized as equivalent to the specified Polish diploma and the specified job title. A nostrification form must be submitted to a university with A+, A, or B+ category in the specified field. 

The nostrification form must be submitted with the attached:

-higher education diploma

-documents enabling evaluation of the course of studies, obtained results, and duration of studies,

-certificate, diploma, or other document based on which the applicant has been admitted to a university,

-a statement about the applicant’s place and date of birth.

Based on submitted documents, the university performs a comparative assessment with similar studies taught in the institution investigating the application. If the university state any differences in this area, it might require the applicant to take certain examinations or apprenticeships to reduce noticed disparities. 

The time limit for settling things is 90 days after submitting a set of documents. The application is subject to a fee, which maximum amount is PLN 3 205. An application for full or partial exemption from the fee can be submitted – the conditions and mode of exemption are determined by the university. 

After the proceedings, the university issue a certificate confirming the applicant’s graduation on first/second cycle studies or uniform master’s studies conducted at a Polish university.

https://nawa.gov.pl/uznawalnosc/informacje-dla-uczelni/nostryfikacja-dyplomow

http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20180001881/O/D20181881.pdf

academic categories at the University:

https://polon.nauka.gov.pl/pomoc/wp-content/uploads/2021/05/13.05.2021_wykaz-kategorii-naukowych-2017_2021.pdf.

New regulations on employing foreigners

1. Extension of declarations deadline from 6 to 24 months

2. The simplified procedure for granting temporary residence and work permits concerns procedures for granting temporary residence and work permits, which were started before January 1, 2021 and were not completed until the effective date of the Act. This solution is intended to efficiently terminate the pending proceedings and eliminate most of the backlogs that have arisen in recent years due to the growing number of cases and the COVID-19 pandemic “- it was stressed. 

3. Improving the issuance of temporary residence and work permits – is related to the procedures for granting foreigners temporary residence permits in the territory of the Republic of Poland, in particular temporary residence and work permits, which are the most frequently granted type of temporary residence permits in the Republic of Poland. 

4. Shortening the time limit for issuing a national visa and for examining applications for a national visa, i.e. optimization of procedures and efforts in order to shorten the duration of proceedings.

5. Accelerating the the schedule for obtaining of a permit for foreigners who intend to work for entrepreneurs conducting activities of special strategic importance for the Polish economy. In cases considering applications for a work permit, the Voivode will take into account the priority of foreigners working for entrepreneurs who are on this list.

6. The amendment also makes it easier to apply for the Polish Charter ID. One of the changes was that among the evidence, which may confirm the fulfillment of the conditions for receiving this ID will include the Polish Charter belonging to the parent or one of the grandparents of the applicant. 

Additional changes concern, among others: the creation of a 60-day deadline for settling an administrative case related to granting a foreigner a temporary residence permit in the first instance, and a 90-day deadline for considering the case by the appeal body; shortening the time limits for examining applications for the issuance of certain national visas and ordering the provisions on initiating the procedure for granting a temporary residence permit in cases where the application is not submitted in person by a foreigner who is to receive this permit.

The Ministry of Labour and Technology Development has completed work on the assumptions on which the new Act on the Employment of Foreigners will be based/.
The changes are to come into force at the beginning of 2022.
In the next few years the demand for foreigners’ work will continue to grow by several or over a dozen per-cent annually.

The Polish legal system defining the rules of foreigners’ access to the labour market, although assessed as one of the simplest and most effective in the EU in terms of attracting economic migrants, requires changes because in recent years it has ceased to meet the challenges of the modern labour market”.

The Ministry of Labour and Technology Development has completed work on the assumptions on which the new Act on the Employment of Foreigners will be based.
The purpose of the new act is, among others, to:
– increase the participation of highly qualified employees in the labour market,
– improve the efficiency and speed of procedures for issuing work permits,
– implement a safe, clear and electronic system for handling processes legalizing the employment of foreigners, allowing the state to access full information on foreigners taking up employment in Poland and reducing emerging abuses.

The changes in the field of “classic” work permits are also anticipated, i.e.
– transferring the competence of the authority to issue these permits to the poviat level, and
– granting the voivode the competence of the appeal body in matters decided by poviat authorities.
It is planned that the proposed act will enter into force on 1 January 2022 with an additional period of ap-proximately two years to adapt the IT systems.

In terms of entrusting seasonal work to foreigners, it is planned, inter alia, to introduce full electronization of procedures related to obtaining a seasonal work permit and to discontinue the procedure for granting a seasonal work permit in cases where the foreigner did not report to the employer.

Such discontinuance will take place automatically and will be recorded in the ICT system. The system will also automatically monitor the failure to conclude an employment contract between an employer and a for-eigner or to pay social security contributions from it.
It is also considered to limit the institution to give permits for a seasonal work only to those foreigners who enter the territory of the Republic of Poland for seasonal work, i.e. the so-called “directive foreigners”.

Documents that are legalizing work in Poland are:

• statement on entrusting the performance of work – on its basis you can work a maximum of 6 months in the last 12 months,
• work permission – authorizes you to work for up to three years,
• seasonal work permission – you can work under it up to 9 in a calendar year,
• uniform temporary residence and work permission – issued for up to 3 years.

Each of those documents is issued for the particular employer, position, kind of agreement, working time dimension and remuneration.

An employer is obligated to claim for your legalization documents before the employment. Furthermore, his responsibilities are checking the validity of documents allowing you to work in Poland, as well as to report to the relevant office whether you have taken the position or not. If you have a declaration of entrustment to work, you can report to the office about the completion of the work yourself. Thanks to this, you do not lose days from the time of 6 months as you finished your work and you can use those days for work elsewhere.

Some employers do not hand on legalization documents to their employees – it should not be like this! You have the right to demand that them to be given to you and your employer cannot refuse you, especially since you have partial responsibility for the illegal performance of work.

Acquiring all legalization documents are free of charge for you. The employer is obligated to pay all charges for them, except for the so-called Residence Card. The fee for this card should be paid to the city hall. If your employer demands any money from you for proceeding the work legalization documents or handing them to you – he conducts against the law and should be punished.

For the illegal entrustment of work, your employer may be fined, and if the illegal employment id continued – he may be banned from employing foreigners. It is mostly his responsibility to employ you legally. Although remember that it is in part also your duty. You can also be fined or even deported. That is why you must require your employer to provide you with documents that legalize your work.

Inspection bodies which are authorized to verify legal aspects of your work are Border Guards and the National Labor Inspectorate. Remember that if you have any doubts about whether your employer is complying with the law or does not want to give you your documents, you can contact the above authorities. Illegal practices should be reported – you do it both in your interest and in the interest of all other people who work in your company.

Every person employed full-time in a particular company should have an employment contract. It contains information about who concludes a contract with whom, place of work, position, salary, full-time position and scope of duties. All matters which are not addressed in the contract are regulated by the Labor Code. A person employed under a contract of employment has the right to receive paid annual leave as well as sick leave. If either party wishes to terminate the contract, it will also be subject to a notice period depending on seniority. If you are employed under an employment contract, each overtime of your work is paid an additional 50% or 100%. In 2019, the minimum wage for a person employed under an employment contract is PLN 2,250 gross per month.

Commission contract is a civil law contract, which is usually concluded in situations when you want to commission specific services. It is characterized by quite a lot of freedom in organizing work and it has no definition of the hourly working time. The commission contract should indicate the subject of the order, the period it covers, and the amount of remuneration. In 2019, the minimum hourly rate is PLN 14.70 gross. Working based on a commission contract, you are not entitled to receive paid vacation, and each hour of your work is paid at the same rate.

The temporary work contract is signed with an employed person by the temporary work agency. A person employed on this kind of contract has the same right and benefits like a person on the “typical” contract of employment. The main difference is in the notice period as well as the fact that holiday leave is calculated in the amount of 2 days after working every 30 days.

Remember that the agency can direct you for a temporary job to a specific employer for no longer period than the maximum 18 months during 36 calendar months. It simply means that you cannot work for the same employer for more than 18 months within 3 years.

The agreement with foreigner should be prepared in the language he understands. That is why you should not agree to sign the contract that is prepared only in polish language and you are not able to understand all statements of the agreement.

If you don’t understand it – do not sign it!

The agreement should contain all information related to your work as a place, position, employment period and the amount of remuneration.

Different companies are stating various records in their agreement which are on the edge of the law, or incompatible with it. Those practices have been observed mostly regarding civil contracts. You can experience the situation that following from your contract you will be punished for its unjustified dissolution. If this kind of record exists there should be a note explaining what is understood by the term “unjustified”.

Sometimes the person ordering charges with a penalty for undertaking work directly in the company to which the contractor was directed. Such an agreement should include a provision for your compensation resulting from the non-compete clause.

There can be various notations in the civil agreements as far as both sides are agreeing with them.

Remember that by signing the agreement you are accepting its terms and regulations. If it contains points that you are not accepting fully or, what is worse, it is written only in polish language and you are not able to verify it completely – do not sign it!

You do not need to agree to work in a place where that kind of practices has a place. There are many aboveboard companies and work agencies in our labour market.

The Ministry of Labour and Technology Development has completed work on the assumptions on which the new Act on the Employment of Foreigners will be based/.
The changes are to come into force at the beginning of 2022.
In the next few years the demand for foreigners’ work will continue to grow by several or over a dozen per-cent annually.

The Polish legal system defining the rules of foreigners’ access to the labour market, although assessed as one of the simplest and most effective in the EU in terms of attracting economic migrants, requires changes because in recent years it has ceased to meet the challenges of the modern labour market”.

The Ministry of Labour and Technology Development has completed work on the assumptions on which the new Act on the Employment of Foreigners will be based.
The purpose of the new act is, among others, to:
– increase the participation of highly qualified employees in the labour market,
– improve the efficiency and speed of procedures for issuing work permits,
– implement a safe, clear and electronic system for handling processes legalizing the employment of foreigners, allowing the state to access full information on foreigners taking up employment in Poland and reducing emerging abuses.

The changes in the field of “classic” work permits are also anticipated, i.e.
– transferring the competence of the authority to issue these permits to the poviat level, and
– granting the voivode the competence of the appeal body in matters decided by poviat authorities.
It is planned that the proposed act will enter into force on 1 January 2022 with an additional period of ap-proximately two years to adapt the IT systems.

In terms of entrusting seasonal work to foreigners, it is planned, inter alia, to introduce full electronization of procedures related to obtaining a seasonal work permit and to discontinue the procedure for granting a seasonal work permit in cases where the foreigner did not report to the employer.

Such discontinuance will take place automatically and will be recorded in the ICT system. The system will also automatically monitor the failure to conclude an employment contract between an employer and a for-eigner or to pay social security contributions from it.
It is also considered to limit the institution to give permits for a seasonal work only to those foreigners who enter the territory of the Republic of Poland for seasonal work, i.e. the so-called “directive foreigners”.

Everyone person based on an employment contract (in the case of a commission contract sickness insurance is voluntary) has the right to receive sick leave. This leave is issued by a doctor electronically (e-ZLA) and then goes to the employer’s PUE profile. So you don’t have to worry about delivering them to your employer. However, this does not release you from the obligation to inform about your absence!

You acquire the right of sick pay after 30 days of continuous sickness insurance (in the case of voluntary insurance, it is 90 days) until then you are in a waiting period. The amount of sick pay is 80 or 100% depending on the reason for your inability to work. It is based on the average monthly salary paid in the 12 months preceding the month in which you became unfit for work.
If you are employed through a temporary work agency, remember that you must provide its data to the doctor who issues you sick leave.

Working under an employment contract, you are entitled to 20 or 26 days of paid annual leave during the calendar year. The number of days off depends on your seniority: 20 days is for people who have worked less than 10 years, 26 days is for people with total seniority of 10 years and more. Various factors influence the fact that you can receive the right for 26 days of a vacation faster, including the level of education.

If you are employed by a temporary work agency (i.e. based on a temporary employment contract), you acquire the right of two days of leave for each month remaining at the disposal of the employer – user.

At request, leave is permitted up to 4 days during a calendar year. These are not additional vacation days but are included in the pool of the number of vacation days per year. Leave on request must be declared at the latest on the day of its commencement, before starting work.

In the case of temporary employees, the right to leave on demand is acquired after working for a given employer – user for at least six months.

There are several ways to part with your employer. Those are:

• agreement of the parties – termination of cooperation is possible overnight. Consent to this form of termination must be expressed by two parties;
• termination of the contract with a notice period – the notice period depends on the length of employment and is as follows:
  • by 2 weeks with employment less than half a year,
  • by 1 month for persons employed for at least half a year,
  • by 3 months for persons employed for at least 3 years.
• termination of the contract without notice – in this way you can terminate the contract primarily due to the fault of one of the parties.

In the case of temporary employees, the notice period is:

• 3 days in the case of contracts concluded for a period of up to two weeks,
• 1 week, when the contract exceeds two weeks.

Before starting cooperation with you, your future employer should receive a document that will legalize your work. This document should be handed to you. You will also be directed for an initial medical examination at the cost of the employer. For signing the contract you should bring:

• passport,
• document legalizing your stay (if it is a residence card, then you take it together with the decision),
• your bank account number,
• if you have worked before – a work certificate from your previous employer,
• Personal Identity Number

The salary on the employment contract you sign will be determined in the gross amount. This is the amount of your salary, including compulsory contributions and tax (to the Social Insurance Institution and the Tax Office). It is assumed that the amount of taxes in Poland is approx. 30% of the remuneration.

The net amount is the amount of remuneration that you earn on clean and receive in the form of a bank transfer or cash withdrawal.

PIT means a personal income tax. It is collected both from Polish tax residents and from persons who do not have a Polish tax residence. In this second case, the tax is collected only from revenues that were obtained in Poland.

You must settle the tax due in each tax year. For this purpose, the employee receives PIT-37 from the employer. This declaration should be settled by the date indicated by the tax office. You can settle both electronically and directly at the tax office to which you belong.

It is a tax identification number consisting of 10 digits. This number should be provided in documents that relate to tax liabilities, as well as those that are collected by customs and tax authorities. Natural persons who do not conduct business activity provide Personal Identification Number instead of the Tax identification number

PESEL is an abbreviation of “Universal Electronic System of Population Register”. It is used to collect basic information that allows recognition of the identity as well as the administrative and legal status of Polish citizens and foreigners who live in Poland. To facilitate the possibility of getting to a doctor, to deal with many matters in various offices, as well as to be able to settle accounts with a personal income tax you must have a Personal Identification Number.

If you have a temporary residence registration for more than three months or permanent residence, Personal Identification Number is issued automatically, otherwise, it is issued on request. The application form can be downloaded from the website of the Ministry of Digitization: https://obywatel.gov.pl/dokumenty-i-dane-osobowe/uTicketaj-numer-pesel-dla-cudzoziemcow.

If you do not have a residence registration, you can indicate the need by creating an e-PUAP account as a basis, i.e. No. 1 point 1 lit. C to the Regulation of the Minister of Digitization of 10.09.2018r. Pos. 1760 regarding a trusted profile and trusted signature. “