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Poland – Ukraine. Every fourth Ukrainian is illegally employed in construction. National Labor Inspectorate in the Sejm on the results of the inspection

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In 2023, nearly 4.8 thousand Ukrainians in Poland performed their work illegally – according to data from the National Labor Inspectorate (PIP). Most such cases were discovered in the construction industry. PIP proposes to shorten the 14-day deadline for notifying a foreigner about work and to introduce the obligation to register an employee for social security before being allowed to work.

On Tuesday, MPs from the parliamentary committee for state control got acquainted with the National Labor Inspectorate's information on the work of foreigners in Poland in 2022-2023. The materials show that the dominant group of foreigners employed by Polish entrepreneurs are currently Ukrainian citizens. The inspection noted that the changes taking place in the labor market in recent years are generally related to the increase in the number of foreigners in our country.

Work of Ukrainians in Poland

Chief Labor Inspector Katarzyna Łażewska-Hrycko informed the MPs that after the start of the war in Ukraine, due to the mass influx of citizens of this country to Poland, the Inspectorate adopted a special operating strategy. She explained that its aim is to conduct PIP control and supervisory activities in an effective manner, but also to improve access to knowledge about employment rules and entrusting work to foreigners in accordance with applicable labor law and legality.

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Electronic notifications about starting work by Ukrainian citizens, introduced after Russia's aggression against Ukraine, have become easier than standard procedures. In 2022, there were 784.5 thousand such notifications, and in 2023, 1 million 78 thousand.

The inspectorate reported that in 2022 it received 3.6 thousand. complaints from foreigners, of which 1 thousand 181 from Ukrainian citizens. In 2023, 2.6 thousand complaints, a thousand were received from Ukrainians. Their complaints most often concerned non-payment of remuneration for work or non-payment of the minimum hourly rate in civil law contracts. Ukrainian citizens also reported the lack of the required employment contract.

Controls of legality of employment

According to the data presented to the commission on Tuesday, labor inspectors carried out 8.9 thousand in 2022 and 9.1 thousand in 2023. control of the legality of employment and work performed by foreigners. The legality of entrusting work to 40.7 thousand people was checked. (2022) and 39.4 thousand (2023) foreigners. Most of them concerned citizens of Ukraine, 33 thousand respectively. in 2022 and 29.6 thousand in 2023.

PIP revealed illegal work performed by Ukrainian citizens in 2023 during 1964 inspections. In 2022, 3,948 Ukrainian citizens were found to have been entrusted with illegal work, last year this number increased to 4,747.

In 2023, the largest number of Ukrainian citizens who were entrusted with illegal work was found in construction – 25%. illegally employed citizens of Ukraine. In addition, a high rate concerned the administration services and support activities section, which also includes temporary employment agencies (17%), in industrial processing (13%) and in the accommodation and catering services industry (12%).

In inspections of Ukrainian citizens, labor inspectors most often found the lack of the required work permit (2.3 thousand in 2022 and 3.3 thousand people in 2023), and then entrusting work in a different position or on conditions other than those specified in the permit. for work (1.4 thousand and 804 people), failure to conclude the required employment contracts or civil law contracts (569 and 581 cases).

In 25 cases in 2022 and 47 in 2023, inspectors determined during the inspection that the basis for staying in Poland did not entitle the inspected Ukrainians to perform work. They also found single cases of illegal stay on our territory – 9 people in both years.

The National Labor Inspectorate proposes changes

Inspectors noted that after the introduction of electronic notifications and a two-week deadline for such a procedure, the phenomenon of undeclared work increased.

When inspectors revealed foreigners working for whom no notification had been submitted, the employer informed them that it was only the first or second day of their work, and therefore the deadline for reporting to the Social Insurance Institution and submitting the notification had not yet expired.

PIP's demands to MPs included a change to this rule – shortening the 14-day deadline for submitting notification, as well as introducing the obligation to register for social security before allowing a given person (including a foreigner) to work, and not within 7 days, as stipulated in the Act. currently applicable regulations.

Work permits for foreigners

The report shows that from 2022 there has been a reduction in the number of work permits issued to foreigners intending to work in Poland. Just over 85,000 were issued to Ukrainian citizens in 2022. permits, and in 2023 only 7.3 thousand.

Data from the Ministry of Labor show that in 2022, the second country in terms of the number of permits issued was India (41.6 thousand), followed by Uzbekistan (33.4 thousand), Turkey (25 thousand), and the Philippines ( 22.6 thousand and Nepal (20 thousand).

In 2023, India was first with almost 46,000. permits, Nepal – second with 35.3 thousand, third – Philippines – 29.2 thousand. The next places were: Uzbekistan (28 thousand), Bangladesh (27.9 thousand) and Turkey (26 thousand).

About PIP

The National Labor Inspectorate is the body established to supervise and control compliance with labor law, as well as regulations regarding the legality of employment and other paid work performed by foreigners.

PIP reports to the Sejm, and the Inspectorate is supervised by the Labor Protection Council, which consists of thirty people. The Chief Labor Inspector is appointed and dismissed by the Speaker of the Sejm after seeking the opinion of the Labor Protection Council and the relevant parliamentary committee.

Main photo source: Shutterstock

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