Are foreign employees cure for the Polish labor market?

More and more Polish entrepreneurs are becoming convinced that employing foreigners is conducive to development of their businesses. We talk to Natalia Myskova, Director of International Recruitment and Justyna Lach, Director of the Progres HR Logistics Line from the Grupa Progres company, about the challenges and overcoming barriers of the process of taking up employment by foreigners in Poland.

The interview was conducted a few days before the start of the Russian military invasion of Ukraine.

FOCUS ON Business: According to ZUS (Social Insurance Institution in Poland) at the end of 2020, a record 725,000 foreigners were working in Poland, while in April 2021 there were already 780,000. Is it easy to employ a foreigner in our country?

Natalia Myskova, International Recruitment Director, Grupa Progres: The process of employing foreigners in Poland has never been simple, but – fortunately – it is easier now than it used to be just a few years ago, when only the largest employment agencies were willing to recruit foreigners. It required specialist knowledge that few experts possessed. Training on the legalisation of foreigners’ employment was very popular, and more and more positions were created for specialists dealing with such legalisation, who can now be found in many companies. There has also been an increase in the number of small businesses employing foreign nationals, and helplines have been set up in public offices to answer questions on legal employment. Moreover, instructions, publications and video consultations are available.

Justyna Lach, Director of ProgresHR Logistics Line, Grupa Progres: There are noticeable changes in relation to the organisation of foreigners’ employment. Currently, a simplified employment procedure applies to citizens of six countries – Ukraine, Russia, Belarus, Armenia, Georgia and Moldova. Until now, it has been much easier to legally employ people who have just arrived in Poland, compared to those who have been working in our country for some time. This is because a change of employer meant a change of residence permit documents, which was a complicated and lengthy process. It is modified by regulations in force from the end of January 2022. They are intended to make many things easier, including the aforementioned laborious procedure for hiring foreigners when they change positions or move to another employer.

Will this happen and will it become simpler? It is difficult to say at this point, as time is needed – a ‘trial period’ that will show how the new rules work in practice.

Collecting tons of documents, intricate rules and complicated official procedures – all this looks like an area that requires a lot of knowledge, not to mention the responsibility it entails. What kind of barriers connected with the demand for workers from other countries do your clients come to you with, and how do you help them? Amid so many formal procedures, is there room for a case-by-case approach?

J.L.: When it comes to regulations concerning foreigners, they change frequently and we update our knowledge practically every day to keep up with them. The greatest barriers concern the employment of people from countries not covered by the simplified procedure. In most cases, in order to legalise their stay, foreigners need an “A” permit, which takes much longer to obtain than a simple declaration of employment. Apart from that, there is the time-consuming and difficult process to obtain a Polish visa. Although we have many people willing to work in Poland, very many of them drop out of the recruitment process at subsequent stages, while they are waiting for a set of documents enabling them to come to Poland.

N.M.: Changes in the law require us to constantly check what the current regulations prescribe. We remove this burden from our clients, to whom we provide comprehensive service. We start with a full audit of their needs. Then we get down to business – we handle the entire multi-step process of hiring and retaining workers: legalisation of residence and work, quarantine, accommodation, training, medical examinations, contracts, payment of wages, and even provision of working clothes for employees. Despite our growing number of clients, we approach each one individually and adapt our actions to the diverse needs of organisations.

The largest group of foreigners working in our country (about 75% of the total) consists of Ukrainians. It was in Ukraine that the Grupa Progres opened its first foreign branch. What makes citizens of that country want to work here in such large numbers? What skills and qualities do Polish employers look for in them? And in what industries?

N.M.: The cultural and linguistic proximity of Poland and Ukraine, as well as the very similar mentality of the two nations, mean that Ukrainians assimilate quickly in Poland. This works both ways, and is the reason why Polish employers hire Ukrainians and why Ukrainians willingly choose Poland as a country for labour immigration.

J.L.: I would like to add that when it comes to employers, Polish companies value Ukrainians for their commitment, perseverance, willingness to perform professional duties even in difficult conditions, as well as the ability to quickly acquire the competencies required for a given position. An advantage of Ukrainians is their willingness to work overtime and at weekends, which guarantees them the possibility of earning more and supporting their families living in Ukraine. Some employers offer jobs for couples, they willingly take advantage of such offers and come to our country together, starting a new life here. Industries in which there is no shortage of jobs for Ukrainians and in which they are most willing to take up work include logistics and manufacturing, although there are more and more enquiries about jobs that require specialisation and higher qualifications.

So are workers from the East the cure for the labour shortages that are increasingly affecting companies? Are employees from Ukraine potentially those who can stay with the company for the long term?

J.L.: Employees from Ukraine are a very good solution for Polish companies. However, this group may shrink every year, as other EU countries are increasingly willing to employ our eastern neighbours, offering them, among other things, much higher salaries. We predict that attracting and keeping Ukrainians at work will become increasingly difficult. Not only will the salary offered be important, but also the social conditions, accommodation or free transport to work, and the additional benefits they expect, which unfortunately are rarely provided in the case of temporary workers.

And this is a mistake, because every additional element and any nonwage benefits make a company’s offer more distinctive, attract candidates, and make them want to stay with the company for longer.

N.M.: Whether workers from the east will stay in Poland for longer depends on several variables. In our experience, there are groups who not only make such declarations, but actually live in Poland for many months. Among them are foreign students and university graduates starting their careers in lowskilled jobs, but planning to progress and, over time, change from blue-collar to white-collar work. Professional long-distance movers also include people moving to Poland with their families, and those who have been here for some time and are planning or have started the process of buying an apartment.

For a foreigner who does not know our language and regulations, finding a job in Poland can be extremely difficult and may create a situation in which one is exposed to dishonest intermediaries and companies ready to employ illegally. Every now and again we receive reports, for example, of violations of workers’ rights or of the inhumane conditions in which workers from other countries are forced to live. What should a non-Polish person wishing to work in our country do to avoid such risks?

N.M.: Such situations do happen, but they should not. The Progres Group is opposed to such practices and we are doing a lot to counteract them. Our organisation has over 20 branches located in Poland and several in Ukraine, each staffed by bilingual consultants. Contacting them is the first and fundamental step to take to avoid the fraudsters who often mislead workers. Unfortunately, the number of lawbreakers and dishonest brokers is high, and we still hear very often about attempted sales and forgeries of documents, or unsigned contracts. Therefore, it is best to use the services of large agencies – such as ours – which have many years of experience and ensure the legality of the employment process, and support employees at every stage of that process, including after its completion.

J.L.: I agree with what Natalia says, you should only work with experienced, recognisable, proven employment agencies that have a good reputation and are able to provide stories of people who have used their services. It is important to check the credibility and opinions of previous employees. From the beginning of the recruitment process the agency should be represented by a person who communicates with the candidate in his or her mother tongue. It is also necessary to read the documents you sign, and certainly to ask the employer to write them in your mother tongue or another language you understand. As a preventive measure, before arriving in Poland it is advisable to find out where the Ukrainian embassy is located, which will provide legal and information support if necessary.

It is no secret that many foreigners are staying in our country illegally. Can you also help such people who want to “start over” and work in Poland?

J.L.: Workers are often employed illegally not through their own fault, but because they have come across a dishonest intermediary. Of course, we are in a position to help such people, but we have to look at each case individually. In addition to support such as legal employment, we can also provide assistance such as professional advice from our legal experts, who are well versed in current legislation.

N.M.: Unfortunately, not every person working illegally in Poland can be helped. However, we do not leave them on their own – we advise them to contact the border guard and apply for assistance to return voluntarily to their country of origin and for the period of the entry ban to Poland to be reduced. Moreover, the provisions of the pandemic shield provide ample scope for resolving any problems related to legal residence and help avoid many of the unpleasant situations that arise from working in the black economy.

Is the amended Foreigners Act really a ‘game changer’? What changes does it provide that are beneficial from the point of view of foreign workers and employers interested in hiring a foreigner to join their team?

N.M.: The amendment, which came into force on 29 January, is in fact the biggest change in the last 10 years, that is, since the number of foreigners employed in Poland started to increase significantly. The most anticipated modifications concern the extension of the validity period of the declaration of employment and simplifications in issuing decisions on temporary stay and work. The question remains, will the implemented changes work in practice?

J.L.: I, too, ask myself this question and hope that the new rules can be implemented without too many problems. This is particularly important because the amended law was needed. Its main changes regarding the extension of the validity of declarations mean that an employee will be able to work in Poland for a longer period of time without having to take a break and go to Ukraine. In addition, the rules on the validity of Residence Cards and “A” Permits are changing – there will be no need, as before, to change documents when changing positions or rates. This will facilitate access to the legal market for many people who, because of various life events, have had to part with their previous employer.

Thank you for the interview.

This article comes from magazine:
FOCUS ON Business #3 March-April (2/2022)