Just three weeks after the outbreak of the war, on 12 March 2022, the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of that Country was published in the Journal of Laws. It is commonly referred to as the “Ukrainian Special Act” or the “War Special Act”. It entered into force immediately, with retroactive effect from 24 February 2022. It regulates the stay of Ukrainians in Poland and the rules of their access to the Polish labour market. The Act refers to Ukrainians who arrived after 24 February 2022 and those who came earlier.
The “Special Act” introduced a new, simpler hiring process for Ukrainian citizens. This applies to both war refugees and those already living in Poland. They no longer need a “Declaration on Entrusting Work” or a work permit.
And so, for over three years, the procedure for hiring a Ukrainian has been simplified. Employers no longer submit work permit applications to the labour office. There is no need for a Declaration on Entrusting Work. Instead, employers in Poland can use a new, faster tool. The solution involves submitting a Notification of Entrusting Work to a Ukrainian Citizen online. One can do it through the official website: praca.gov.pl. The notification specifies the working conditions. An employer must submit it within 7 days from the start of the foreigner’s work.
This is the only case where a foreigner’s employment is legalized after the beginning of work. Legalization can occur at the earliest on the day the work starts, or later. In all other cases, an employer must obtain the necessary documents before the foreigner starts work. Another advantage of the procedure is the fact that it is exempt from stamp duty. Moreover, it has an “immediate” effect due to its strictly technical and registrational nature.
Entrusting Work to Ukrainian Citizens – the Obligation to Verify Legality of Stay
The simplified procedure for legalizing Ukrainians’ work doesn’t exempt employers from verifying their residence status. For individuals fleeing the war, the Special Act currently grants legal stay in Poland until 30 September 2025. The legislator aims to extend this period. The process of adjusting it to the current EU regulations is in progress.
In practice, there is no document confirming the residence rights of “war refugees” under the “Special Act.” Some employers rely solely on the declarations of Ukrainian citizens themselves. They check if the conditions outlined in the Act are jointly met. This means verifying if the Ukrainian citizen’s entry into Poland:
- occurred after 24 February 2022, and
- was related to the war, and
- the foreigner declares the intention to stay in Poland.
A common practice is using a certificate from a city or municipal office as proof of legal residence under the Special Act. This certificate confirms that the foreigner has a PESEL number with “UKR” status. This proves that they have fulfilled the obligation to register their stay in Poland. However, the “UKR” status can be lost or revoked (e.g., after leaving Poland for more than 30 days, or due to a system error). Therefore, employers should implement a procedure to verify whether the beneficiary of the Special Act still holds a PESEL number with “UKR” status. One can for example ask the foreigner to present the electronic document diia.pl. It is available via the mObywatel app. An active status confirms the validity of the PESEL number with the “UKR” designation.
It is worth noting that, as of 1 April 2023, those with the “UKR” status can apply for a temporary residence permit. In their case, a stamp in their passport obtained in the Voivodeship office can be proof of legal residence. This stamp legalizes their stay until the decision on their temporary residence permit becomes final.
[Legal status as of: March 10, 2025]
If you find the above information interesting and you want to learn more about entrusting work to Ukrainian citizens, contact us. Our specialists are ready to help you.
