Registered declaration of employer scheme and work permits scheme

1. Registered declaration of employer scheme and work permits scheme Tbilisi, 2013

2. Presentation content Presentation aim: • To present two schemes on employing foreigners in Poland: • Work permit scheme; • Declaration on intention to entrust work to foreigner (oświadczenie pracodawcy o zamiarze powierzenia wykonywania pracy cudzoziemcowi). • To compare efficiency of that schemes.

3. General rule In order to work in Poland foreigner is obliged to obtain a  work permit. Work permit is issued by territorially competent provincial governor (wojewoda) at the request of an employer.

4. Unemployment rate in Poland (1990-2012) (data for 1st January each year)

5. Registered declarationscheme 1/3 • Established by an unilateral decision by Polish government - no additional bilateral agreement with third country required. • No quota system established. • Provides simplified access for foreigners to Polish labour market on a basis of employer’s declaration on intention to employ foreigner (no work permit required). • At first, available for citizens of Poland neighbouring countries: Belarus, Russia and Ukraine (permit for 3 months in agriculture).

6. Registered declarationscheme 2/3 • Currently available for: • citizens of Poland neighboring countries (Belarus, Russia and Ukraine) and • citizens of: • countries that have signed Mobility Partnership but only • when Poland declared participation in labour migration part of that Mobility Partnership.

7. Registered declarationscheme 3/3 • Registered declaration allows to perform work in Poland up to 6 months within 12 consecutive months (agriculture and construction).

8. Procedure of registering a declaration

9. Work permits issued in Poland (2008 – I-VI 2013)

10. Circular migrants in Poland (2007–I-VI 2013)

11. Comparison of effectivenes of circular migration and work permit system in Poland (2008 – I-VI 2013)

12. Advantages of the scheme 1/2 • For the employer: • Cheap – the procedure is free of charge; • Flexible – registration is a simple technical activity; registration in the territorially relevant local labour office; • Quick – no labour market test required; • Adjustable – flexible and quick, employers-led and demand driven; • fosters circular migration.

13. Advantages of the scheme 2/2 • For the employee: • Easy – no limitations regarding employment conditions; • Open – no quota have been established; • Cheap – no cost for registering the declaration; • Quick – no labour market test is required; • Flexible – no limitations regarding the number of consecutive declarations registered by one employee;

14. Social dimensionaspect 1/4 • In case of regulated professions (e.g. doctors, nurses, lawyers) qualifications need to be recognised by responsible bodies (e.g. by the The Chamber of Physicians and Dentists). • In other cases – they are recognised by the employer. • History of employment (recent one and the prospective one) and of education qualifications of migrant is not collected by the migration authorities. • The above-mentioned facts make it difficult to provide reliable statistics on brain drain and brain waste.

15. Social dimension aspect 2/4 • Doesn’t cause brain waste: • Work permits are proffered by members of board of directors and highly-qualified workers - the number of work permits issued for foreigners who belong to this groups is three times bigger than the number of low-skilled workers; • Doesn’t cause brain drain: • registered declaration scheme is available for 6 in 12 consecutive months; • the number of IT specialists is very low; • the number of doctors and nurses specialists is very low;

16. Social dimension aspect 3/4 • There are no limitations regarding the number of consecutive applications for a registered declaration scheme. • Thus the scheme may be used: • to employ the foreigner by: • the same employer; or • other employer; • to verify competencies of the employee who will be employed on work permit basis (after 3 months; an exempt from labour market test applies).

17. Social dimension aspect 4/4 • Portability of social rights: • Agreement between the Republic of Poland and the Republic of Moldova – signed on 9th September 2013 (waiting for the entry into force); • Agreement between the Republic of Poland and the Ukraine – signed on 18th May 2013 (waiting for the entry into force).

18. Trust building • Since 2011 – additional information in the declaration form required (renumeration, type of contract, profession, date of commencement of work and period of work performance ) requirement of written contract.

19. Pre-departure information • More statistics available at Ministry of Labour and Social Policy web page:http://www.mpips.gov.pl/analizy-i-raporty/cudzoziemcy-pracujacy-w-polsce-statystyki/ • Information on labour migration are available in plain language at: • Office for Foreigners web page: http://www.udsc.gov.pl/index.php?documentName=main • Targeted Initiative Georgia web page: http://www.informedmigration.ge/en/pdf/leaflets/pl_eng.pdf • EU Immigration Portal: http://ec.europa.eu/immigration/

20. Thank you for your attention Piotr Sadowski Senior Specialist Migration Policy Department Ministry of the Interior, Poland 02-591 Warszawa ul. Batorego 5 tel. +48 22 601 49 53 I fax +48 22 601 45 56 www.msw.gov.plIpiotr.sadowski@msw.gov.pl