Legal Alert | The presidential veto on the so-called special act on support for Ukrainian citizens – what does it really mean for employers hiring Ukrainians?
Jesteśmy kancelarią, którą tworzą ludzie o ogromnej pasji, wiedzy i doświadczeniu. Nasz zespół stale się powiększa.
Kancelaria Sołtysiński Kawecki & Szlęzak specjalizuje się w wielu branżach, w tym w prawie cywilnym, handlowym oraz administracyjnym. Oferują wsparcie w sprawach dotyczących fuzji i przejęć, a także w kwestiach związanych z ochroną danych osobowych. Ich doświadczenie obejmuje również doradztwo w zakresie prawa pracy oraz sporów sądowych, co czyni ich wszechstronnym partnerem dla klientów z różnych sektorów.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Showing 0 of 100
No results found.
There are no results with this criteria. Try changing your search.
The presidential veto means that the amendment to the so-called special act on support for Ukrainian citizens, eagerly awaited by Ukrainian citizens and employers, will not come into force on the expected date. Among other things, the amendment was to extend the period of legal residence for Ukrainian citizens benefiting from temporary protection, and those whose residence permits expired after 24 February 2022. Here is a brief summary of the effects of the presidential veto.
- The presidential veto does not fundamentally affect the rights of Ukrainian citizens benefiting from temporary protection, i.e. those with UKR status. The stay of this group of foreigners is legal not just under the so-called special act, but also under EU law. If the special act is not amended by 30 September 2025, the stay of this group of foreigners will be legal based on the EU Council's decision, which extended temporary protection until 4 March 2027. Poland is bound by the EU Council's decision, and if its content is not implemented into law, the EU Council's decision will apply directly.
- The draft law the President submitted provides for the extension of the legality of the stay of Ukrainian citizens until 4 March 2026, i.e. the date specified in the vetoed law. The President's decision to veto the law was motivated by a desire to limit social and health benefits, and did not refer to the extension of the legality of Ukrainians' stay.
- The amendment to the special act did not concern the legalisation of Ukrainian workers. The rules facilitating the employment of Ukrainian citizens remain unchanged. Employers can continue to hire Ukrainians based on a notification submitted to the labour office if the foreigner's stay is legal. These solutions are not limited in time.
- The consequences of the presidential veto may only affect those Ukrainians who were staying in Poland based on extended visas, extended residence cards, or under the extended visa-free regime. This applies to Ukrainians who, despite the expiry of their residence title, have not taken any steps to further legalise their stay. In practice, this applies to a very small group of Ukrainians. In these cases, we recommend submitting applications for residence permits before 30 September 2025.