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Employing foreigners: an employment contract the only option?

Zatrudnianie cudzoziemców: umowa o pracę jedyną opcją?

Warehouse tenants are active. There is demand and work

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Warehouse tenants are active. There is demand and work

According to data from the Central Statistical Office (GUS), at the end of December 2023, the share of foreigners in the total number of employees in Poland was 6.6%, which means that the number of employed foreigners exceeded one million people. The largest group is Ukrainians – about 69%. However, an increase was also recorded in the case of other nationalities. The number of employed Filipinos increased by 40% compared to the previous year, and Indian citizens by 23%.

Employment of foreigners is particularly visible in several key industries. The largest number of them work in the section "Administrative and support services activities", where every fourth employee is a foreigner. Other industries in which the share of foreigners is significant are "Accommodation and catering services activities" (15.4%) and "Transport and storage" (14.3%).

According to the bill currently being processed, the employment of foreigners is to be possible only on the basis of an employment contract. This solution, although controversial, may contribute to improving working conditions and ensuring greater safety for foreign employees. An employment contract guarantees the employee stability and access to benefits that are key to their protection on the labor market.

– We are also talking about the employer's obligations regarding the safety of employed foreigners, as they are the same in terms of occupational health and safety as in the case of domestic employees. Before signing an employment contract, the employer must ensure that the employee has been properly trained in the field of occupational health and safety, and that their knowledge of occupational health and safety rules is sufficient to perform their duties without exposing themselves or others to risk. The Labor Code clearly states that an employer cannot allow a person to work who does not know the regulations and principles of occupational health and safety. This means that the employer is obliged not only to organize occupational health and safety training, but also to ensure that it is understandable to foreign employees. Although the regulations do not directly impose the obligation to translate training, the responsibility for employee safety lies with the employer – explains Monika Grządziela, an expert in occupational health and safety at W&W Consulting.

As W&W Consulting points out, there are concerns that the influx of workers from other parts of the world, whose religion, culture, habits, standard of living and approach to work or beliefs may be significantly different, will not affect the state of safety. Therefore, when establishing the principles of equal treatment in terms of occupational safety of all people on the Polish labor market, legislators should take into account a number of factors that may affect the respect of health and safety regulations and the broad development of a safety culture in already established and emerging multicultural organizations. Will our legislators notice this thread and be ready for a safe solution? Time will tell.

However, it is the employer's role to ensure that all safety procedures, instructions and documentation are available in a language that is understandable to foreigners employed. This is not only a formal issue, but above all a moral responsibility, which aims to prevent accidents and improve the overall level of safety in the workplace. In addition, the occupational risk assessment should take into account the specificity of the work performed by foreigners, and the resulting guidelines must be clear and accessible to all employees, regardless of their origin. This is the only way to ensure that every person employed in Poland is fully aware of the threats and will be able to effectively counteract them.

– The current increase in the number of foreigners on the Polish labor market also requires employers to be more responsible and involved in health and safety issues. The proposed act should be an impulse for a comprehensive approach to occupational safety, which takes into account multiculturalism and the diverse communication and educational needs of foreign employees. Only through joint actions of experts, legislators and employers can we create a safe and fair working environment for all employees in Poland and, as a result, talk about safety culture – sums up Monika Grządziela, expert on occupational safety at W&W Consulting.

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