30 April 2020

Change in the working conditions of foreigners due to COVID-19

The Council of Ministers has adopted a draft of another act aimed at counteracting the negative effects of the SARS-CoV-2 virus epidemic[i]. It provides for, among others, the introduction to the current anti-crisis law[ii] of the possibility of changing the conditions of work for foreigners.

The new provision will allow foreigners to work under conditions other than those specified in:

  • temporary residence and work permits
  • temporary residence permit for the purpose of highly qualified employment
  • work permits
  • seasonal work permits
  • declaration on entrusting work to a foreigner, which have been entered in the register of declarations
  • temporary residence permits for the purpose of performing work under the intra-corporate transfer (ICT)
  • temporary residence permits for the long-term mobility of a managerial staff member, specialist or trainee under the intra-corporate transfer (mobile-ICT)
  • documents attached to notices about the intention of foreigners to use the short-term mobility of a managerial staff member, specialist or trainee as part of the intra-corporate transfer

without the need to obtain new permits, change them or enter new declarations in the register.

The introduction of such changes will be possible as a result of the use by entities entrusting the performance of work to foreigners[iii] of solutions of the anti-crisis act allowing for the modification of such conditions, in particular by reducing the working time and reducing remuneration (Article 15g, Article 15x and Article 15zf) or referrals to remote work (Article 3). Thanks to this solution, employers will be able to take full advantage of these workplace protection instruments also when employing foreigners. You will not need to initiate any administrative proceedings.

The act entered into force on May 16, 2020.

[i] The draft act on the amendment of certain acts in the field of protective activities in connection with the spread of the SARS-CoV-2 virus.

[ii] the Act of 2 March 2020 on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and emergencies caused by them (Journal of Laws, item 374, 567, 568 and 695).

[iii] or by host entities having their registered office in the territory of the Republic of Poland in the event of an intra-corporate transfer.