Legal Eye: Migrant labor
Regardless of the reason, as of September 1, 2006, certain migrant farm workers have entered that privileged caste of those not needing a work permit to work in Poland.
Permission to work
With all the news about the mass exodus of Poles seeking jobs and better pay, it's easy to forget that Poland (like most countries) places restrictions on foreigners wanting to work in the country. Unless qualifying for an exemption, a foreigner needs a work permit to be employed legally. The process of obtaining a work permit can be quite lengthy, and both employers and employees are eager to find an applicable exemption.
Exempt workers
A special ordinance exists which lists a mixed bag of some 27 categories of foreigners that do not need work permits because of the type of work or other special circumstances. Among these are some long-standing exemptions, including journalists, foreign-language teachers, clergy and short-term stays for management board members of Polish companies. Also, it contains some newer exemptions, such as eased restrictions on Turkish citizens who have been working legally in Poland. However, the newest addition to this list is seasonal workers from neighboring countries.
Poland has a number of neighbors, but this ordinance only applies to four of them: Ukraine, Belarus, Russia (don't forget Kaliningrad), and Germany. Pursuant to other provisions of law, citizens of EU member states that offer reciprocity to Polish workers need only register themselves in Poland in order to work here. This includes citizens of Poland's other neighbors - the Czech Republic, Slovakia and Lithuania.
Seasonal = agriculture
Aside from limiting the countries from which you may take your seasonal workers, the ordinance also limits the type of work they may perform as well as their work time. In short, if you're not running a farm, don't bother to try to use this exception. Only migrant laborers working in agriculture (flora or fauna) count as seasonal workers. Additionally, the ordinance limits the time period during which a migrant laborer may work pursuant to this exemption. A migrant worker may only work three months in any six-month period.
Thus, you can't hire a Ukranian housekeeper without a work permit, but you may hire all the temporary German asparagus-pickers that you want. I can imagine that this is a real selling-point in Polish-German relations.
All joking aside, the obvious intent of the ordinance is to allow farmers to employ workers from Poland's poorer neighbors to the east.
Why only farmers?
While the agricultural industry was probably pleased to have this gift bestowed on them prior to the harvest season, a number of voices have raised the critique of: "why just agriculture?" After all, other industries, from construction to services, have complained of labor shortages in the wake of the Polish labor migration to the old EU countries. That, however, is a question for the politicians, if a coalition can last long enough to allow the government to get back to governing, and not just politicking.
Judith Gliniecki is the Managing Partner of Rymar and Partners. E-mail: j.gliniecki@rymar.pl
