articles - Labour and employment law

The Polish so-called “anti-crisis shield” (The Act of 31 March 2020 amending the Act on special solutions related to the prevention and eradication of COVID-19, other infectious diseases and crisis situations caused by them, as well as some other acts) has introduced a series of legal solutions aimed at solving the problems caused by the SARS-CoV-2 virus epidemic for the legality of foreign citizens staying and working in Poland. The new regulations are in force as of 31 March 2020.

The spread of SARS-CoV-2 has unprecedented economic consequences, both global and national. The negative effects of current events are felt by most employers. Many employers are already preparing for change, including considering layoffs and holding back on recruitment. 

On 20 March 2020, the Health Minister’s regulation declaring a state of epidemic Poland entered into force. It states that from 20 March 2020 until further notice, a state of epidemic related to SARS-CoV-2 infections is declared in Poland. At the same time, a separate Health Minister regulation cancelled the state of epidemiological threat  in Poland.

The Polish so-called "anti-crisis shield" proposal assumes changes in a number of legislative acts, including the provisions governing the stay of foreigners on the territory of Poland. Among other things, these changes are necessary because of the limited activities of the authorities responsible for receiving and processing applications for residence permits as well as restrictions in cross-border traffic. Among other changes, the proposal assumes an amendment to the Act on Foreigners as regards the deadline for submitting applications for residence permits.

The dangers caused by COVID-19 result in many employers unilaterally introducing measures to protect their employees from falling ill with the virus. For example, they measure their temperature before they enter the workplace or ask them to complete declarations stating where (in which country) and with whom they spent their holidays. As a result, a number of personal data is collected, including special categories of personal data (concerning health). An extraordinary situation, however, does not entitle employers to take completely arbitrary action.

Draft laws comprising the so-called anti-crisis shield have already been provided for public consultation. They are to be adopted by the government on Tuesday 24 March, and by the Sejm on Friday 27 March.