The draft amendment to the Act on foreigners introduces a number of changes. The one that extends the catalog of circumstances that would not trigger changing the temporary residence and work permit is certainly worth to be underlined.
Currently, changing an employee's job title is generally associated with the need to obtain a new permit or with a process of changing it. Many companies going through various types of reorganization (e.g. systematizing jobs’ titles) required establishing a detailed plan of action in relation to foreign employees. Due to immigration law, this process was often lengthy as required obtaining residence and work permits corresponding to the changed job titles. Work permits and the so-called unified or single permits (i.e. these for residence and work) are issued with an indication of a specific employer, job position and remuneration. Any discrepancies in the job title may be viewed as illegal work performed by a foreign national.
The amendment to the regulations would allow keeping the current work permit and a single permit (for temporary residence and work) if changing a job title would not involve a change in the employee's duties. Such a situation (i.e. no need to change the permit) would also take place if the employer increased the employee's working time and the corresponding remuneration level.
What should employers pay attention to?
When planning any changes in the company, employers should make sure that these changes do not constitute a basis for taking additional steps related to ensuring compliance with immigration regulations, e.g. obtaining appropriate permits or changing existing permits for foreign workers. If the changes do not require new permits, it is worth preparing a properly constructed argumentation in the event of an inspection.
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