Employment Practice: Alert

We hereby present the solutions adopted in the Act of March 12, 2022, on assistance to Ukrainian citizens in connection with the armed conflict in the territory of the country. They include the following: special rules on the legalisation of stay in Poland, access to the employment market, social assistance and support for living, family benefits, health care, education and upbringing. The provisions entered into force on the day of their announcement, i.e. on 12 March 2022, with effect from 24 February 2022, with certain exceptions.

We also attach a list containing links to useful sources of official information (also in Ukrainian) and aid organizations.

We would like to invite you to read on.

Important issues: 

• the stay of a Ukrainian citizen, a Ukrainian citizen who does not have Ukrainian Citizenship, a citizen of Ukraine who has a Pole's Card and members of his immediate family, is considered legal for a period of 18 months from 24 February 2022, provided that they have legally entered the territory of Poland directly from the territory of Ukraine in connection with the hostilities conducted there, in the period from 24 February 2022, and declares their intention to remain in the territory of Poland; a trip for more than a month deprives this right;
• the special residence permit under the terms of the special act is independent of other legal rights to enter and stay;
• the above rule does not apply to Ukrainian citizens who have: (i) a permanent residence permit, a long-term resident's EU residence permit, a temporary residence permit, refugee status, subsidiary protection, tolerated stay permit, (ii) submitted applications in Poland for international protection on behalf of which such applications have been submitted or have declared their intention to submit such applications or to whom such declarations of intent relate to (and have not withdrawn them);
• entry of a citizen of Ukraine into the territory of Poland is subject to registration (by the commanding officer of the Border Guard post during border control or on the basis of an application with a PESEL number);
• Ukrainian citizens whose stay in Poland is legal on the basis of the above-mentioned special rules of the special act may obtain a PESEL number and a trusted profile under simplified procedures;
• if the last day of validity of the previous residence permits of other Ukrainian citizens falls within the period from February 24, 2022, it is generally extended by operation of law until 31 December 2022 or for a period of 18 months, respectively;
• legal stay in the territory of Poland (of every citizen of Ukraine) gives the right to: (i) work in Poland on special terms, the employer must complete the simplified formalities (notification made to the poviat labour office within 14 days); as well as (ii) undertaking business activity (it is necessary to obtain a PESEL number);
• Ukrainian citizens may be granted: family benefits, childcare benefits, good start benefits, family care capital benefits and a subsidy to lower the parent's fee for a child's stay in a nursery, children's club or day-care, they can use medical care;
• in order to legalize the stay of a citizen of Ukraine whose stay is legal under the provisions of the special act, it will be possible to apply for a one-time temporary residence permit for a period of three years, but the application for the permit may be submitted no earlier than nine months after the date of entry and no later than 18 months from 24 February 2022;
• any entity, in particular a natural person running a household, who provides accommodation and meals to Ukrainian citizens residing in Poland may be granted a cash benefit on this account;
• special taxation rules and rental exemptions have been introduced