flash news
On 28 March 2024, another bill (dated 27 March 2024) was published on the website of the Governmental Legislation Centre, which aims to implement Directive 2019/1937 of the European Parliament and of the Council (EU) of 23 October 2019 on the protection of whistleblowers under EU law. On 2 April 2024, the Council of Ministers adopted the draft, so it is expected to soon be debated by parliament.
The most important changes for employers with respect to the previous draft:
- Subject of violations. Human trafficking has been removed from the list of areas in which whistleblowers may report violations. It has also been clarified that only violations of constitutional human and civil liberties and rights in an individual's relations with public authorities can be reported.
Information has appeared on the website of the Governmental Legislation Centre about positions on ongoing work on amendment of the Foreigners Act, as submitted in March this year by, among others, provincial governors and the Citizens' Rights Ombudsman. Already at this stage of work on the Act, there are divergent positions in individual opinions concerning, inter alia, electronic form of the legalisation process (about which we wrote last week) or the elimination from a decision to grant a so-called EU Blue Card of elements such as the indication of the conditions of work or the employing entity.
Employer representatives note the need to provide entities entrusting work to foreigners with the power to monitor the status of pending proceedings, on which the Act in its current wording is silent.
On 9 February 2024, a draft bill on amendments to the Act on Foreigners and certain other acts was published on the website of the Government Legislation Centre, which envisages revolutionary changes in the way applications for residence permits are submitted.
Among other things, the draft provides for the introduction of an obligation to submit the above-mentioned applications via an ICT system.
The first opinions of the provincial governors on the planned changes were made known at the beginning of last week. Most of them are negative – mainly because of the proposed change in the way applications are to be submitted.
On 6 March 2024, another draft bill (dated 26 February 2024) was published on the website of the Governmental Legislation Centre, which aims to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistleblowers.
The most important changes for employers compared to the previous draft:
- Subject of violations: The catalogue of areas whose violations may be the subject of whistleblower reports has been expanded. The new areas are: human and civil liberties and rights, corruption, human trafficking, and labour law – as a result, whistleblower reports will be able to concern, inter alia, mobbing, discrimination, correct accounting of working time or observance of health and safety rules.
The Forum on Foreigners at the Mazovian Province Governor's Office was reactivated on March 1st. On that day, the Deputy Governor of Mazovian Voivodeship Office met with public institutions and non-governmental organisations acting on behalf of foreigners in order to plan further activities and discuss current needs in the area of broadly defined support for foreigners in Poland.
The meeting was attended by representatives of 15 NGOs, the Office of the Capital City of Warsaw, as well as the Director and Deputy Director of the Mazovian Voivodeship Office Department of Foreigners' Affairs.
As we read in an announcement from the President of the Central Statistical Office, the average salary in the national economy in 2023 was PLN 7,155.48. This means that a foreigner who wants to apply for an EU Blue Card (i.e. a temporary residence permit to work in a highly qualified profession) must currently earn at least PLN 10,733.22 gross per month (i.e. PLN 1,214 gross more than last year).