What has changed
Effective June 18, 2016, all employers sending employees to provide short-term services to a client or affiliate in Poland must now submit a new employer statement to the National Labour Inspectorate. Previously, this registration was not a mandatory process. Additionally, employers must maintain specific documents throughout the assignment and for two (2) years following the end of the assignment.
Who is affected?
- All clients who currently have expats working in Poland and clients who intend to hire expats in Poland.
What to expect
New Employer Statement
Companies must submit an employer statement no later than the employee’s assignment start date and must notify the authorities within seven (7) business days of any changes to the assignment details provided. Employers have until September 18, 2016 to submit a statement to the authorities for all current foreign employees.
The employer statement can be in English or Polish and can be prepared either on paper or electronically using an e-signature or trusted public institution. The statement cannot be submitted via email.
Short term services refers to any foreign national who is working in Poland and not on the Polish payroll, regardless of the length of the assignment. This includes European Union (EU) to EU transfers who are not on the Polish payroll. Local hires who are on Polish payroll are not affected by this new requirement.
Designate a Representative
Along with the notification to the authorities, the home entity must designate a representative at the Polish entity for the National Labour Inspectorate and other institutions in Poland to communicate with the company.
The following documents must be maintained by the Polish entity and be presented to the Polish authorities, when requested, within five (5) days. The documents must be translated into Polish and may be in paper form or electronic.
- A copy of the employment contract or any other equivalent document certifying the conditions of employment
- Active time sheets
- Pay slips (including any deductions made according to the home country’s laws)
The above documents need to be maintained for at least two (2) years after the end of the assignment.
What you need to do
- All companies who currently have expats working in Poland will have to prepare and provide an employer’s statement to the Labor Inspection along with supporting documentation, on or before September 18, 2016.
- Emigra Worldwide can assist by notifying the authorities on behalf of the company. Services include the preparation of the Employer’s statement in English and Polish, preparation of the power of attorney (POE) for the company’s representative (if needed), and submission of the notification to the Labor Inspection.
- Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.
The information above was provided by Emigra Worldwide, our global network partners, and relevant government authorities. The information herein is for general purposes only and not intended as advice for a particular matter. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work.