The planned changes to the Act on the employment of Foreigners in Poland origin many controversy, both among employers and social organizations. According to the Confederate Leviathan, the regulations proposed by the Ministry of Family, Labour and Social Policy are unthinkable and detrimental to economical development. The most criticised are the provisions concerning the limitation of civilian law contracts for foreigners, which may negatively affect the full labour marketplace in Poland.
Key employers' concerns
The Confederation of Leviathan, representing the interests of employers, powerfully opposes changes which, in her opinion, experts have not been the subject of appropriate public consultations. According to the organisation, the introduction of regulation without a wider discussion with stakeholders is an act that ignores marketplace needs and the will of stakeholders. As Nadia Winiarska, an expert of the Confederation of Leviathan, the key demands for employing foreigners were added to the bill after formal consultation was completed.
"Nothing about us, without us," says Leviathan, noting the deficiency of dialog on this issue.
Criticism of changes to civilian law contracts
The biggest controversy is caused by the evidence of the dismissal of civilian law contracts erstwhile hiring foreigners. According to the project, employers could no longer benefit from these contracts in the case of hiring workers from outside Poland on the basis of a work permit. Leviathan defines this as ‘realed’ and does not have a reliable analysis of the socio-economic impacts.
"There was no thought at the public consultation stage," says Winiarska, demanding a reopening of the public consultation.
Obligation to submit a contract of employment
Another controversial component of the task is the work to supply offices with copies of the employment contract just after the work licence was granted. This request was besides not part of the first consultation, as Leviathan points out. The organisation argues that imposing specified bureaucratic requirements will hamper the functioning of companies and will not bring the expected benefits.
New information obligations
The bill besides provides for the work to inform the offices if the foreigner employed on the basis of a declaration of entrustment of work does not take up employment. Leviathan argues that specified regulations should be directed where there is indeed fraud, alternatively than imposing fresh obligations on all employers.
Governmental regulations and marketplace reality
According to experts, fresh regulations can seriously harm the labour marketplace in Poland, especially in sectors that are based on seasonal workers and foreigners. Leviathan argues that the introduction of additional restrictions on civilian law contracts does not take into account the real needs of employers and the circumstantial characteristics of the marketplace in which these contracts are a more flexible solution.
Need for dialog and consultation
The Confederacy of Leviathan calls on the government to reopen the public consultation and affect all stakeholders in it in order to draw up rules that are in the interest of both workers and employers. They point out that without appropriate dialogue, fresh regulations can hinder the improvement of the Polish economy, alternatively of supporting it.
Conclusion
Regulations concerning the employment of foreigners in Poland are essential to guarantee fair working conditions for all. However, as the Confederation of Leviathan points out, introducing them without consulting the marketplace can lead to serious problems. It is so crucial that the government listens to employers' voices and takes account of the real needs of the marketplace in the legislative process.
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Foreigners only on employment contracts? Employers powerfully object
