Ostania aktualizacja 27 January 2023
Employees from Ukraine are eagerly employed in Poland. Their commitment to work, diligence and willingness to learn are increasingly appreciated by Polish employers, which is why it is worth learning how to employ employees from Ukraine legally.
Employment of an employee from Ukraine – formalities
If the employer wants to legally employ an employee from Ukraine , he must first arrange a number of formalities that will allow such an employee to take up work without the risk of deportation.
Therefore, at the very beginning, the employer should make sure that the potential employee has a residence permit (which the employee must apply for) that will allow him to start work. When he makes sure that his future employee stays on Polish territory legally and can take up work during his stay, the employer proceeds to do the necessary formalities to legally employ an employee from Ukraine .
In order to legally employ an employee from Ukraine , the employer should first have: a work permit for a foreigner or a seasonal work permit or an entry in the register of declarations on entrusting work to a foreigner . To obtain the latter, the employer reports to the PUP, where he submits an appropriate statement. Then the PUP registers the statement in the register. This usually happens in one day, but sometimes it may take more time for officials, especially before the summer season, when more such reports appear.
Employment of an employee from Ukraine – step by step
When the employer receives an entry in the register of declarations of entrusting work to a foreigner , he can proceed to settle the rest of the formalities necessary to employ an employee from Ukraine :
First of all: the employer must sign a relevant contract with the foreigner, and then present it translated into Ukrainian or Belarusian, so that the employee understands all the contractual provisions. When setting the terms of employment, you should help a translator who will help both parties to the contract.
Secondly: the employer must copy the foreigner’s residence permit to be sure that the employee is legally resident in the country and his residence permit allows him to take up work.
Thirdly: entrust work under the conditions set out in the permit or statement, it is important that the employer, submitting to the PUP a statement on entrusting work to a foreigner , includes all the obligations that will be performed by an employee from Ukraine. Differences between a declaration and a contract may be problematic for employers.
Fourthly: the employer is also required to register an employee from Ukraine for social security if it is justified by the chosen form of employment. So, the next step for an employer is, as in the case of hiring an employee from Poland, registering him for ZUS insurance and pension contributions, in accordance with the concluded contract.
Fifthly: in accordance with the changes introduced from January 1, 2018, the employer must also fulfill the information obligations, i.e. provide information about taking up (at the latest on the date of commencement of work) or not taking up work by the foreigner (within 7 days from the date of commencing the work indicated in the statement) .
Workers from Ukraine for the season
From January 2018, a new type of work permit for employees from Ukraine – type S, i.e. a seasonal work permit , is also in force . This document is issued by the staroste at the request of the employer and entitles to perform work in subclasses deemed to be seasonal for 9 months in a calendar year. Upon arrival of the employee, the employer is obliged to notify the PUP and report the place of residence of the foreigner. After meeting these conditions , a seasonal work permit will be issued for the employee from Ukraine .
The regulation on seasonal work for employees from Ukraine also specifies the subclasses in which seasonal work can be taken, these are:
Crops other than perennial
Growing of cereals, legumes and oilseeds for seeds, excluding rice
Growing vegetables, including melons, and growing root and tuber plants
Other arable crops other than perennial
Cultivation of perennial plants
Cultivation of fruit, pome and stone trees and shrubs
Cultivation of other fruit trees and shrubs and nuts
Cultivation of spice and aromatic plants, as well as plants used for the production of medicines and pharmaceutical products
Cultivation of other perennial plants
Breeding and breeding of dairy cattle
Rearing and breeding of other cattle and buffaloes
Rearing and breeding of horses and other equines
Breeding and breeding of sheep and goats
Rearing and breeding of other animals
Agricultural crops combined with animal husbandry and breeding (mixed activity)
Service activities supporting crop production
Service activities supporting livestock breeding and breeding
Service activities after the harvest
Tourist accommodation establishments and short-term accommodation
Camping sites (including camping sites) and campsites
Restaurants and other catering establishments
Mobile catering establishments.