Translated from Polish to English - www.onlinedoctranslator.

com

Special legal solutions for foreigners in connection with the SARS virus epidemic-
CoV-2 (update)

I. General information

On March 31, 2020, the Act of March 31, 2020 amending the Act on special solutions related to the
prevention, prevention and combating of COVID-19, other infectious diseases and the crisis situations
caused by them, and certain other acts (Journal of Laws No. U. item 568), on April 18, 2020, the Act of
April 16, 2020 on special support instruments in connection with the spread of the SARS-CoV-2 virus
(Journal of Laws item 695) entered into force, and on May 16, 2020, the Act of May 14, 2020 amending
certain acts in the field of protective measures in connection with the spread of the SARS-CoV-2 virus
(Journal of Laws, item 875) entered into force. These acts introduce to the Act of March 2, 2020, special
solutions related to the prevention, counteraction and combating of COVID-19,a number of specific
legal solutions aimed at solving the problems caused by the SARS-CoV-2 virus epidemic for the
legality of foreigners' stay in Poland. These solutions are characterized primarily by the fact that
most of the effects beneficial for foreigners in the area of their residence rights will occur by virtue of
the law itself. Foreigners who have so far resided legally in Poland in order to be able, in accordance
with the provisions of law, to remain on its territory during the period of the epidemic, which is
currently in force,during this period, they will not have to apply to public administration bodies
with any applications for granting or extending residence permits or visas, or extending the
periods in which they should finally leave the territory.

These specific legal solutions include:

1. extension by operation of law of the periods of validity of temporary residence permits expiring

during the state of epidemic threat or state of epidemic - until the 30th day following the date of

revocation of the last applicable state (Article 15d section 3 of the special act);

2. extension by operation of law of periods of stay and periods of validity of national visas in cases

where the last day of the period of stay on the basis of such visas would fall within the period of

epidemic threat or epidemic - until the 30th day following the date of revocation of that state,

which was in force as the last one (Article 15d (1) of the Special Act);

3.recognition as legal by virtue of the right of residence of foreigners on the territory of the Republic

of Poland in cases where, on the day from which the state of epidemic threat was first announced

in connection with SARS-CoV-2 virus infections, they stayed in this territory on the basis of short-

term titles residence permits, i.e .:

a) as part of visa-free travel,

b) on the basis of Schengen visas issued by Polish authorities,

c) Schengen visas or long-stay visas issued by other Schengen states,

d) residence permits issued by other countries of the Schengen area,
e) long-stay visas or residence permits issued by the Member States of the European
Union that are not Schengen countries (when in accordance with

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 European Union law, such visas or documents entitle to stay on the territory of the
Republic of Poland,

- from the day following the last day of legal stay resulting from these titles until the expiry

On the 30th day following the recall of the state of epidemic threat or state of epidemic,
whichever was the last one (Article 15z1 paragraph 1 of the special act);

4. extension by operation of law of the validity periods of work permits and seasonal work permits as

well as periods of admissible work on the basis of declarations on entrusting work to a foreigner,

entered in the register of declarations - until the 30th day following the date of revocation of the

state that was in force last (section 15zzq of the special act);

as part of an intra-corporate transfer - if this change is a result of the entity entrusting the
performance of work (or the host entity with its registered office in the territory of the
Republic of Poland) taking advantage of individual rights aimed at protecting jobs in
crisis conditions and preventing the spread of SARS-CoV virus - 2, regulated in art. 3, art.
15 g of paragraph 1. 8, art. 15x paragraph 1 and art. 15zf paragraph. 1 of the special act
(Article 15z5 special act);

6. enabling access to seasonal work within the meaning of Art. 88 sec. 2 of the Act of April
20, 2004 on employment promotion and labor market institutions (Journal of Laws of
2019, item 1482, as amended) for foreigners who, in the period following March 13, 2020,
had access to to the Polish labor market on the basis of a work permit, seasonal work
permit, extension of a work permit, extension of a seasonal work permit or a
declaration of entrusting work to a foreigner, entered in the records of declarations -
during an epidemic threat or epidemic state and in the period / within 30 days
immediately following the last state's recall;
7. extension by operation of law of the periods of validity of residence cards falling in the period of an

epidemic threat or state of epidemic - until the 30th day following the date of recalling the last

applicable state (Article 15z2 paragraph 1 of the special act);

8. extension by operation of law of the periods of validity of Polish identity documents of a

foreigner and documents confirming the possession of a tolerated stay permit called
"consent for tolerated stay" falling in the period of an epidemic threat or state of epidemic -

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 until the 30th day following the date of recall of the last in force of the state (Article 15z6

paragraph 3 and 5 of the special act);

9.the extension by operation of law of the periods of validity of documents issued for a
specified period, falling during an epidemic threat or state of epidemic, to citizens of
European Union Member States, European Free Trade Association (EFTA) countries
- parties to the agreement on the European Economic Area or the Swiss Confederation and

members of their families who stay with them or join them, i.e. documents confirming the right of

permanent residence, residence cards of an EU citizen family member and permanent residence

cards of an EU citizen family member - up to 30. the day following the date of recalling that from

the states, which was last in force (art.15z6 paragraph 1 of the special act);

10. extension by operation of law of the deadlines falling in the period of an epidemic threat
or state of epidemic for submitting an application for a temporary residence permit,
permanent residence permit, long-term resident's EU residence permit, visa extension
or extension of stay under the visa-free regime - until the 30th day following the date of
recall of the last in force (Article 15z of the Special Act);
11. extension by operation of law of the deadlines for leaving the territory of the Republic of Poland, falling

in the period of an epidemic threat or state of epidemic, resulting from Art. 299 paragraph.

6 of the Act of 12 December 2013 on foreigners (Journal of Laws of 2020, item 35) - until
the 30th day following the date of recall of the last in force (Article 15zzza of the special
act);
12. extension by operation of law of the deadlines for voluntary return, falling in the period of an
epidemic threat or state of epidemic, specified in decisions obliging a foreigner to return -
until the 30th day following the date of recalling that state which was last in force (Article
15zzzb of the special act );
13. extension by operation of law of the periods of validity of the temporary identity certificates
of a foreigner (TZTC) falling in the period of an epidemic threat or state of epidemic - until the
30th day following the date of recalling the last one in force (Article 15z3
paragraph 1 of the special act).

The provisions of the special law that establish these specific legal solutions refer to periods of
epidemic threat and epidemic state announced in connection with SARS-CoV-2 virus infections. Therefore, it
should be made clear that the state of epidemic threat has been declaredfrom March 14, 2020 under the
Regulation of the Minister of Health of March 13, 2020 on the declaration of an epidemic threat in the
territory of the Republic of Poland (Journal of Laws, item 433). This state was canceled on March 20, 2020
(Regulation of the Minister of Health of March 20, 2020 on recalling the state of epidemic threat in the
territory of the Republic of Poland / Journal of Laws, item 490 /). On the same day, the state of the epidemic
was announced - pursuant to the regulation of the Minister of Health of March 20, 2020 on announcing the
state of epidemic in the territory of the Republic of Poland (Journal of Laws, item 491).This status is valid at
the moment. Therefore, it should be noted that if the provisions establishing specific legal solutions for
foreigners refer to the period of an epidemic threat or an epidemic, announced in connection with

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with SARS-CoV-2 virus infections, it should be understood as the period that started on March 14, 2020.

The provisions of the special act postpone specific dates and periods of validity of permits, visas
and documents in a uniform manner, i.e. by the 30th day following the date of recall of that state(state
of epidemic threat or state of epidemic), which was last in force. As already indicated, at present the
epidemic state is in force, which was preceded by the state of epidemic threat. Such wording of the
regulations is intended to take into account the possibility that after the current state of epidemic, the state
of epidemic threat would be reintroduced. Then this state would be finally canceled later and its
cancellation would have to calculate the postponement of dates and validity periods of permits, visas and
documents as well as periods of stay considered legal.

II. Information on individual legal solutions

1. Extending the validity of temporary residence permits by operation of law

Temporary residence permits are residence permits granted by administrative bodies

public (voivodes, the Head of the Office for Foreigners as a higher-level authority) for a specified period of
time, not longer than 3 years (Article 98 (2) of the Act on foreigners). A foreigner who has been granted this
permit is issued ex officio by the voivode a residence card, the validity period of which coincides with the
period of validity of the permit (Article 243 (1) (1) of the Act on foreigners).

The special act now stipulates that if the last day of the validity period of a temporary
residence permit falls in the period of an epidemic threat or an epidemic (as defined above), this
period is by operation of law extended to the 30th day following the date of revocation of that state
which was last in force. The effect of extending the validity period of a temporary residence
permit is automatic. There will be no administrative decision for this purpose. The foreigner will also
not have to apply for official confirmation of this fact.

With extension of the validity of the temporary residence permit by operation of law neither the issuance of a

new residence card nor the replacement of the existing one will be required. The special act expressly excludes the

legal basis for voivodes to perform such activities in such situations.

Extending the validity of the temporary residence permit by operation of law results in the possibility of further

the foreigner fulfills the purpose of stay on the territory of the Republic of Poland and uses the rights
resulting from the permit, for example to perform work under the conditions specified in the temporary
residence and work permit (Article 118 (1) of the Act on foreigners) or to undertake and conduct business
activity in the same rules as Polish citizens in the case of a temporary residence permit for the purpose of
family reunification (Article 159 (1) of the Act on foreigners in connection with Article 4 (2) (1) (c) of the Act of
6 March 2018 on the principles of participation of foreign entrepreneurs and other foreign persons in
economic turnover on the territory of the Republic of Poland / Journal of Laws of 2019, item 1655 /).

2. Extension of periods of stay and validity of national visas by operation of law

National visas are long-term visas only issued by Polish authorities, entitling to entry into
the territory of the Republic of Poland and continuous stay there or to several stays in this territory

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consecutive lasting more than 90 days in total. The period of validity of a national visa may not
exceed 1 year(art. 59 of the Act on Foreigners).

The special act stipulates that in the event that the last day of the period of stay on the basis of
such a visa (and therefore the last day of permissible stay marked in days on the visa sticker) would fall in
the period of an epidemic threat or state of epidemic (as defined above), this period, as well as the period of
validity of the visa itself is extended by operation of law to the 30th day following the date of revocation of
the last in force. In its assumptions, this solution is analogous to the solution consisting in the automatic
extension of the validity periods of temporary residence permits.Also in this case, the right to stay in the
territory of the Republic of Poland is extended by virtue of the law itself. No administrative decision is
issued for this effect. In such a case, the extension of the visa pursuant to the provisions of art. 82 et seq. Of
the Act on Foreigners. The extension of the period of stay and the validity period of the national visa by
operation of law will also not be connected with the issuance of a visa sticker by any Polish authority in the
foreigner's travel document. As in the case of residence cards with regard to the extension of the validity
periods of temporary residence permits, the legislator expressly excluded the basis for any public authority
of the Republic of Poland (at home or abroad) to place a visa sticker in the travel document.

3. Recognition of legal stay in the territory of the Republic of Poland of foreigners who have
stayed in this territory on the basis of the so-called short-term residence permits,
including visa-free regime
The special act introduces the basis for recognizing as legal by virtue of the very law of
residence foreigners who were on the territory of The Republic of Poland on the basis of one of the
following residence titles:

- as part of visa-free travel,

- Schengen visa issued by the Polish authority,

- a Schengen visa issued by an authority of another Schengen state,

- a long-term visa issued by an authority of another Schengen country, a

- residence permit issued by an authority of another Schengen country,
- a long-term visa issued by the authority of another European Union Member State that is not a
Schengen country, if the visa entitles you to stay in this territory in accordance with European
Union law (this applies to cases where the foreigner benefits from certain forms of the so-called
intra-EU mobility),

- a residence permit issued by the authority of another EU Member State, which is not a Schengen
country, if, in accordance with European Union law, this document entitles to stay in this territory
(this applies to cases where the foreigner takes advantage of certain forms of the so-called intra-EU
mobility).
A stay on the territory of the Republic of Poland under the visa-free regime may result from:

- from the exemption from the visa requirement for citizens of certain countries in accordance with Annex II to

the Regulation of the European Parliament and of the Council 2018/1806 of November 14, 2018.

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 listing the third countries whose nationals must be in possession of visas when crossing the external

borders and those whose nationals are exempt from that requirement,

- from an international agreement to which the Republic of Poland is a party,

- unilateral abolition of the visa requirement by the Republic of Poland.

The catalog of citizenships with which the exemption from the visa requirement is related can be found at: https://

udsc.gov.pl/cudzniemcy/obywatele-panstw-trzecich/chce-przyotykac-do-polski/czy-pnecuje-wizy/

A Schengen visa is a visa defined in art. 3 point 22 of the Act on foreigners. This provision refers to
the terms used in Art. 2 points 2 - 5 of Regulation (EC) No 810/2009 of the European Parliament and of the
Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (Journal of Laws UE L 243 of 15
September 2009, p. 1, with as amended). In any case, a Schengen visa is a visa that is issued for an intended
stay in the territory of the Member States (Schengen countries) not exceeding 90 days in any 180-day
period, or transit through the international transit area of the airports of the Member States (Schengen
countries). In order for a Schengen visa to entitle to stay on the territory of the Republic of Poland, it must
be a uniform visa, i.e. entitle to stay in the territory of all Schengen states, or be a visa with limited territorial
validity, covering the territory of the Republic of Poland. Schengen area countries - apart from the Republic
of Poland - are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain,
Netherlands, Iceland, Liechtenstein, Lithuania, Luxembourg, Latvia, Malta, Germany, Norway, Portugal,
Slovakia , Slovenia, Switzerland, Sweden, Hungary and Italy.

A long-term visa issued by an authority of another Schengen state, in order to be the source
of the right to stay on the territory of the Republic of Poland, must be a visa referred to in art. 18 sec.
1 of the Executive Convention of 19 June 1990 to the Schengen Agreement of 14 June 1985 between
the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at common borders (Journal of Laws EU L 239
of 22.09.2000, p. 19, as amended - Official Journal of the EU Polish special edition, chapter 19, vol. 2, p.
9, as amended), hereinafter - the "Executive Convention", ie a visa for a stay exceeding 90 days, issued
in the form of a uniform visa form defined by European Union law, marked with the letter "D".

A similar solution regarding the freedom of movement within the Schengen area applies to foreigners

who have residence permits issued by the authorities of one of the countries of this area and a valid travel

document (Article 21 (1) of the Implementing Convention).

In addition, it should be borne in mind that the provisions of European Union law in the field of migration

provide that long-stay visas and residence permits issued by the authorities of individual Member States of
the European Union, whether or not they are states applying the Schengen acquis in full, may, where
appropriate, constitute the basis for a stay in the territories of other Member States of the European Union
for the purpose of the use of individual forms of the so-called intra-EU mobility. Such provisions provide for:

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 - Directive 2014/66 / EU of the European Parliament and of the Council of 15 May 2014 on the conditions of

entry and residence of third-country nationals in the framework of an intra-corporate transfer (Official Journal

EU l 157 of 27 May 2014, p. 1) - 21) and

- Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the
conditions of entry and residence of third-country nationals for the purposes of research,
study, training, volunteering, youth exchange programs or educational projects, and work in
nature au pair (recast version) (Journal of Laws UE L 132 of May 21, 2016, p. 21).

The provisions of Polish law that have implemented both these directives provide for the following forms of mobility

based on the possession of a residence permit or a long-term visa issued by the authorities of other
European Union Member States related to these directives, which do not require a temporary
residence permit in the territory of the Republic of Poland:
- short-term mobility of a managerial employee, specialist or intern, as part of an intra-
corporate transfer - permissible period of stay up to 90 days within 180 days on the territory
of the Republic of Poland (Article 3 (7i) and Article 139n (1) of the Act on foreigners) ( only on
the basis of a residence permit);
- student mobility - the permissible period of stay up to 360 days in the territory of the Republic of Poland (Article 3 point

7j and Article 149b paragraph 1 of the Act on foreigners);

- short-term mobility of a researcher - permissible period of stay up to 180 days within a period of 360 days

(Article 3 (7h) and Article 156b (1) of the Act on foreigners);

- short-term mobility of a researcher's family member - admissible period of stay up to 180 days within

360 days (Article 3 point 7g and Article 169a (1) of the Act on foreigners).

The above-mentioned directives are not bound by the Republic of Ireland and Denmark, as well as these directives are

not part of the European Union law, which is related to the so-called transition period, the United Kingdom of Great Britain and

Northern Ireland after the withdrawal from the EU, and therefore visas and documents from these countries, do not constitute a

source of mobility residence entitlement.

A stay recognized as legal pursuant to Art. 15z1 paragraph 1 of the special act is a national,
specific form of the residence title. It is not tantamount to the extension of any of the above-
mentioned visas or documents or the extension of the permissible stay under the visa-free regime.
The use of this legal basis for stay in the territory - as in the case of other legal solutions of the special
act dedicated to foreigners - is in no way dependent on submitting any applications, issuing permits
or documents.
The period of stay considered legal will start on the day following the last day of the last legal
stay resulting from visas, residence permits or visa-free travel and will last until the 30th day following
the day on which the epidemic or epidemic threat is canceled (the one that last in force). The exercise
of this right depends on the foreigner's continued stay in the territory of the Republic of Poland.
Departure from this territory will result in the fact that the foreigner will not be able to invoke this
right as an independent title to re-enter the territory of the Republic of Poland.

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 Foreigners whose stay in the territory of the Republic of Poland will be considered legal in
accordance with art. 15z1 paragraph 1 of the special act, will be entitled to perform work in the territory of
the Republic of Poland, provided they have a valid work permit or a valid seasonal work permit, or in the
case of having a declaration on entrusting work to a foreigner, entered in the declaration register. This will
also apply to cases where the validity period of a work permit or work permit will be extended by operation
of law in accordance with Art. 15zzq paragraph. 1 of the special act, and in cases where the period of
admissible work on the basis of a declaration entered in the declaration register will be extended under Art.
15zzq paragraph. 3 of this act. A separate regulation regarding the access of foreigners to the Polish labor
market based on this type of legal basis was necessary in a special act, because it is not a kind of residence
permit known under Art. 87 sec. 1 of the Act of April 20, 2004 on employment promotion and labor market
institutions.
4. Extension by law of work permits, seasonal work permits and permissible periods of work
on the basis of declarations on entrusting work to a foreigner, entered in the
declaration register

A work permit is an administrative decision specifying the foreigner's right to perform work in the

territory of the Republic of Poland, provided that he or she resides in this territory on the basis of one of the items

listed in art. 87 sec. 1 point 12 of the Act of 20 April 2004 on employment promotion and labor market institutions

(Journal of Laws of 2019, item 1482, as amended), a residence permit, for example:

- a temporary residence permit (except for a permit due to circumstances requiring a short-
term stay - Article 181 of the Act on foreigners),
- a national visa or a Schengen visa issued by the Polish authority (except for a visa for tourist purposes, a visa

for the purpose of temporary protection and for the purpose of arrival for humanitarian reasons, due to the

interest of the state or international obligations),

- a visa issued by another country of the Schengen area,

- residence permit issued by another Schengen country,

- as part of visa-free travel,

Work permits are issued by voivodes for a specified period of time, not longer than 3 years (exceptionally 5 years

- in the case when the performance of work involves performing a function on the management board of a legal person that employs more than 25

people on the date of submitting the application).

A special type of work permit is a seasonal work permit, issued by

starosts for foreigners performing seasonal work, i.e. work in the field of activities specified in the
regulation of the Minister of Family, Labor and Social Policy of 8 December 2017 on the subclasses of
activity according to the Polish Classification of Activities (PKD), in which seasonal work permits are issued a
foreigner (Journal of Laws of 2019, item 1845).

This permit is also issued for a specified period. However, it cannot be longer than 9 months
in a calendar year.

A special form of providing a foreigner with access to the Polish labor market is the institution
of a declaration on entrusting work to a foreigner, entered in the declaration register. She is

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that the poviat labor office, prior to the commencement of work by a foreigner, entered a declaration
on entrusting work to a foreigner to the register of declarations, and the work is performed under the
conditions specified in this declaration. One of the data placed by the entity entrusting the
performance of work in the declaration to be entered in the declaration register is information on the
period or periods of work that is offered to the foreigner (Article 88z (1) (3) (d) of the Act on
employment promotion and labor market institutions).

The special act contains solutions enabling foreigners to work longer on the basis of their
work permits, seasonal work permits and declarations on entrusting work to a foreigner, if the rights
resulting from them would end during an epidemic threat or epidemic state (defined above). If the
end of the validity period of a work permit or seasonal work permit falls within one of these periods, it
will be extended by operation of law until the 30th day following the revocation of the last applicable
state. A similar solution was applied when the foreigner previously had a work permit or a seasonal
work permit, which was extended with a decision on this subject,

In the case of declarations on entrusting work to a foreigner, which have been entered in the
declaration register pursuant to art. 88z paragraph. 2 of the Act on Employment Promotion and Labor
Market Institutions, the special act provides that when the end of the period indicated in the
declaration as the period of work (referred to above) falls on the period of an epidemic threat or
epidemic, the foreigner will be able to perform work covered by with this statement at a later date,
until the expiry of the 30th day following the date of recall of the last in force from the states, being
still exempt from the obligation to have a work permit. If the statement indicates several periods of
work, the end of which is at the time of an epidemic threat or epidemic, the foreigner will be able to
perform work also during periods that have not been indicated as periods of work. In practice, during
an epidemic emergency or epidemic, it will be possible to perform work on the basis of a declaration
or several declarations on entrusting work to a foreigner for more than 6 months within the next 12
months.

As in the case of extending the validity periods of temporary residence permits, this effect is in the form of

extending the validity periods of work permits and seasonal work permits as well as periods of
admissible work on the basis of declarations on entrusting work to a foreigner, will be automatic, by
virtue of the law. The source of the right to continue work by a foreigner will not be any administrative
decision or material-technical activity.

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 5. Possibility to change the conditions of work performance by foreigners as a result of
using particular anti-crisis solutions provided for in the special act

The special act contains a number of anti-crisis regulations which constitute the basis for modification

the content of the contractual relationship constituting the basis for the performance of work. Their
undoubted goal is to counteract the negative effects of the COVID-19 pandemic and maintain jobs and
prevent the spread of the SARS-CoV-2 virus.

According to Art. 15 g of paragraph 1. 8 of the Special Entrepreneurs Act, non-governmental

organizations within the meaning of Art. 3 sec. 2 of the Act of April 24, 2003 on Public Benefit and
Volunteer Work (Journal of Laws of 2019, item 688, 1570 and 2020, and of 2020, item 284) and other
public benefit entities, about which referred to in Art. 3 sec. 3 of this Act, with a decrease in economic
turnover as a result of COVID-19 (as defined in Article 15g (9) of the Special Act), may reduce the
working time of an employee by a maximum of 20%, not more than 0.5 full-time, with with the proviso
that the remuneration may not be lower than the minimum remuneration for work determined on
the basis of the provisions on the minimum remuneration for work, taking into account the working
time. An employee referred to in art. 15g of the special act, is a natural person who, in accordance
with the provisions of Polish law, has an employment relationship with the employer. In addition, this
provision applies accordingly to persons employed on the basis of an outsourcing contract or contract
of mandate or another contract for the provision of services, to which, in accordance with the Act of
23 April 1964 - Civil Code (Journal of Laws of 2019, items 1145 and 1495), the provisions on
commissioning, or who performs gainful work on the basis of other than employment relationship for
an employer who is an agricultural production cooperative or other cooperative engaged in
agricultural production, if, on this account, is subject to the insurance obligation: retirement and
disability pension, with the exception of domestic workers employed by a natural person (Article 15g
(4) of the Special Act).

Pursuant to Art. 15x paragraph 1 of the special act, an employer conducting certain types of activity for which

the continuity of its conduct is of critical importance, consisting, for example, in ensuring the functioning of systems and

facilities of critical infrastructure within the meaning of Art. 3 point 2 of the Act of 26 April 2007 on crisis management

(Journal of Laws of 2019, item 1398 and of 2020, items 148, 284, 374 and 695), or in relation to which an order has been

issued by public administration authorities in connection with the COVID-19 pandemic, may make a number of changes

to the content of the employment relationship related to the working time of employees:

- changing the system or schedule of employees' working time in a manner necessary to ensure the continuity of

the operation of the company or station,

- order to work overtime to the extent and to the extent necessary to ensure the continuity of
the operation of the company or station,
- the employee's obligation to remain ready to work outside normal working hours at the
workplace or in another place designated by the employer,
- instructing the employee to exercise the right to rest at the place designated by the employer.

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 Pursuant to Art. 15zf paragraph. 1 of the special act, for an employer with a decrease in
economic turnover as a result of COVID-19, and who meets certain conditions specified in this
provision, it is allowed to:

- limiting the uninterrupted rest referred to in art. 132 § 1of the Act of June 26, 1974 - Labor
Code, for not less than 8 hours, and for uninterrupted rest referred to in art. 133 § 1of this
Act, up to not less than 32 hours, including at least 8 hours of uninterrupted daily rest,

- conclusion of an agreement on the introduction of an equivalent working time system, in

which it is permissible to extend the daily working time, but not more than up to 12 hours, in
a settlement period not exceeding 12 months. The extended daily working time is
counterbalanced by a shorter daily working time on certain days or days off from work,

- conclusion of an agreement on the use of less favorable terms of employment of employees than those resulting from

employment contracts concluded with these employees, to the extent and for the period specified in the agreement.

According to Art. 3 sec. 1 of the special act, in order to counteract COVID-19, the employer may order

the employee to perform, for a specified period of time, work specified in the employment contract, outside the

place of its permanent performance (remote work).

The use of these instruments of protection against the negative effects of the COVID-19

pandemic and instruments for counteracting the spread of the SARS-CoV-2 virus, when it concerns work

entrusted to foreigners, may result in the modification of the conditions for performing work, which

were specified in the administrative acts constituting the source of the foreigner's access to the Polish

the labor market, i.e .:

- in a work permit,
- in a seasonal work permit,
- in a temporary residence and work permit,

- in a temporary residence permit for the purpose of performing work in a profession requiring high

qualifications,

- in a temporary residence permit for the purpose of performing work under the intra-
corporate transfer,
- in a temporary residence permit for the purpose of long-term mobility of a managerial
employee, specialist or intern, as part of an intra-corporate transfer,

as well as in the declaration on entrusting the performance of work to a foreigner, which was entered
in the declaration register. It may possibly lead to the fact that the conditions for the performance of
work by the foreigner will differ from those resulting from the documents that were attached by the
host unit with its registered office on the territory of the Republic of Poland to the notification sent to
the Head of the Office for Foreigners on the foreigner's intention to use short-term mobility of a
manager, specialist or trainee employee as part of an intra-corporate transfer.

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 Art. 15z5 paragraph 1 allows the foreigner to perform work under the conditions changed as a result of

the application by the entity entrusting the performance of work to the foreigner within the meaning of art. 2

clause 1 point 21b of the Act on the promotion of employment and labor market institutions, one of the above-

mentioned instruments for protection against the negative effects of the COVID-19 pandemic and instruments for

preventing the spread of the SARS-CoV-2 virus, without the need to obtain new permits or change them, and

without the need to enter a new declaration on entrusting the performance of work to the declaration register.

Thus, even if the conditions modified in this way are inconsistent with the hitherto defined conditions of access to

the labor market (e.g. with the lowest monthly remuneration of a foreigner for a given position, specified in the

work permit pursuant to Art. 88f paragraph. 1 of the Act on employment promotion and labor market institutions,

or with the working time specified in the temporary residence and work permit pursuant to art. 118 sec. 1 point 4

of the Act on foreigners), their implementation by the parties of the legal relationship which is the basis for the

performance of work by a foreigner will be legal.

The regulation is analogous in cases where the above-mentioned instruments would be used
by the host entity within the meaning of Art. 3 point 5b of the Act on foreigners, with its seat in the
territory of the Republic of Poland, to which the employee has been posted as part of an intra-
corporate transfer (as defined in art.3 point 13b of the Act on foreigners) and this would have the
effect that certain conditions of work performance by of the foreigner in such a way that they would
be contrary to the conditions specified in the temporary residence permit for the purpose of
performing work under the intra-corporate transfer (Article 139a (1) of the Act on foreigners) or in the
temporary residence permit for the purpose of long-term mobility of a managerial employee ,
specialist or intern, as part of an intra-corporate transfer (Article 139o (1) of the Act on foreigners). In
these cases, the host entity will not be obliged to submit an application for granting such a foreigner
an appropriate new permit and the foreigner will be able to perform work in accordance with the
changed conditions (Article 15z5 paragraph 2 of the special act). Similarly, if the foreigner used the
short-term mobility of a managerial employee, specialist or intern, as part of an intra-corporate
transfer, in connection with the prior submission by the receiving entity of a notification of the
foreigner's intention to use this type of mobility ( Article 139n (1) (3) of the Act on foreigners), and as a
result of the above-mentioned instruments, a situation would arise in which the conditions of
performing the work of a posted worker within this institution would change in relation to the
documents attached to this notification, the foreigner will be able to perform work under such
changed conditions (Article 15z5 paragraph 3 of the special act).

The new regulation is completed (art.15z5 paragraph 4) by:

- abolishing the obligation of a foreigner to notify the voivode who has granted a temporary residence

permit for the purpose of performing work in a profession requiring high qualifications, about a change

in the minimum working time (Article 137 point 4 in connection with Article 134 paragraph 2 of the Act

on foreigners) in the case of if it occurred during the first two years of the foreigner's stay on the basis of

this permit and if such a change resulted from the application of one of the anti-crisis instruments

discussed above,

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 - abolition of the obligation for a foreigner to notify the voivode who has granted a temporary
residence permit for the purpose of performing work in a profession requiring high qualifications,
about changing the remuneration to a lower or changing the minimum working time (Article 134
(3) of the Act on foreigners) in the event of after the first two years of stay on the basis of this
permit and if such a change resulted from the application of one of the anti-crisis instruments
discussed above.
6. Providing access to seasonal work for foreigners who, in the period after March 13, 2020
r. had access to the Polish labor market on the basis of a work permit, seasonal work
permit, extension of a work permit, extension of a seasonal work permit or a
declaration on entrusting work to a foreigner, entered in the declaration register.

As already indicated, seasonal work is work within the meaning of Art. 88 sec. 2 of the Employment Promotion Act i

labor market institutions. It is work performed on the territory of the Republic of Poland in the scope of
activities specified in the Regulation of the Minister of Family, Labor and Social Policy of 8 December 2017
on the subclasses of activity according to the Polish Classification of Activities (PKD), in which seasonal work
permits of a foreigner are issued ( Journal of Laws of 2019, item 1845), on the basis of an agreement with an
entity whose seat or place of residence, or a branch, plant or other form of organized activity is located in
the territory of the Republic of Poland.

Except for cases in which the foreigner has full access to the Polish labor market or there is
exempt from the obligation to have a work permit, access to this work for third-country nationals is
regulated by the aforementioned institution of the seasonal work permit. In art. 15z7 paragraph 1 of the
special act, the legislator provides for a special exemption from the obligation to have such a permit, which
is temporary in nature, i.e. it applies to the period of epidemic threat, state of epidemic and the period of 30
days immediately following the revocation of the last of them. During this period, the foreigner is exempt
from the obligation to have a seasonal work permit in order to be able to perform seasonal work, if in the
period after March 13, 2020, he or she had a work permit or a seasonal work permit (i.e. a permit which
during its validity period covered at least one day after March 13, 2020) or extension of one of such permits,
or a declaration on entrusting work to a foreigner entered in the register of declarations, which specifies
the period of work performed in this way, that at least one day of this period falls after March 13, 2020). In
this case, the exemption from the obligation to have a work permit is general and is not related to a specific
entity entrusting the performance of work. It does not depend on what type of work (position) was covered
by the aforementioned permits or declaration of entrusting the performance of work.

The above exemption from the obligation to have a permit must be correlated with the relevant basis for

the foreigner's stay in the territory of the Republic of Poland. The foreigner must therefore reside on the basis of

one of the residence permits listed in art. 87 sec. 1 point 12 of the Act on employment promotion and labor

market institutions. In the case of national visas and temporary residence permits, the exemption from the

obligation to have a work permit will provide general access to seasonal work also to those foreigners whose

national visas and temporary residence permits have been extended by operation of law pursuant to Art. 15zd

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paragraph 1 or 3 of the special act). Moreover, general access to seasonal work will be granted to foreigners whose stay

in the territory of the Republic of Poland is considered legal in accordance with Art. 15z1 paragraph 1 of the special act

(Article 15z7 paragraph 1 is a special provision in relation to Art. 15z1 paragraph 2 to the extent that this provision

provides for the obligation to have a valid seasonal work permit).

7. Extension of validity of residence cards by operation of law

The special act also contains a special regulation providing for the extension by operation of law of
the validity periods of residence cards, the end of which would be in the period of an epidemic threat or
state of an epidemic. The provision of art. 15z2 paragraph 1 of the special act applies to all residence cards
that are issued under Polish law to third-country nationals, i.e. foreigners with:

- temporary residence permit,

- permanent residence permit,

- long-term resident's European Union residence permit,

- residence permit for humanitarian reasons,

- refugee status,

- subsidiary protection.

The effect of this provision will be the extension of the validity period of the residence card to the 30th
day following the date of cancellation of the last state (epidemic threat or epidemic). At the same time,
the Act expressly excludes that the change of the validity period of the document may involve the
issuance of a new document or its replacement. In everyday legal transactions, a foreigner will be
able to use the document as valid despite the expiry of the expiry date specified therein.
8. Extending the validity periods of Polish identity documents of a foreigner and "consent for tolerated

stay" documents by operation of law.

The special act also contains a special regulation providing for the extension by operation of law of
the validity periods of Polish identity documents of a foreigner and "consent for tolerated stay" documents,
the end of which would end in the period of an epidemic threat or an epidemic.

The Polish identity document of a foreigner is issued by a voivode in the cases referred to in art. 260 sec.

1 of the Act on foreigners, for a period of 1 year (Article 262 of the Act on foreigners). During the period of its

validity, this document confirms the identity of the foreigner during the foreigner's stay on the territory of the

Republic of Poland, but does not confirm his citizenship. It does not entitle to cross the border (Article 261 (1) and

(2) of the Act on foreigners).

On the other hand, the document "consent for tolerated stay" is issued to a foreigner who has been granted a

permit for tolerated stay on the territory of the Republic of Poland (Article 273 of the Act on foreigners). During its validity

period, this document confirms the identity of the foreigner during his stay in the territory of the Republic of Poland, but

does not confirm citizenship of the foreigner. It does not entitle you to cross the border (Article 274 of the Act on

foreigners). The "permit for tolerated stay" document is issued by the commanding officer of the Border Guard unit or

the commanding officer of the Border Guard unit for the period of 2 years (Article 275 of the Act on foreigners).

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 The effect of this provision (Article 15z6 paragraph 3 and 5 of the special act) will be the
extension of the validity period of the Polish identity document of a foreigner and the document
"consent for tolerated stay", until the 30th day following the date of recalling this state (epidemic
threat or epidemic), which will be the last to apply. At the same time, as in the case of the solution
dedicated to residence cards, the act expressly excludes that the change of the validity period of
the document could involve the issuance of a new document or its replacement (Article 15z6
paragraph 4 and 6). In everyday legal transactions, a foreigner will be able to use the document as
valid despite the expiry of the expiry date specified therein.
9. Extension by operation of law of the validity periods of documents issued for a specified period of

time to citizens of European Union Member States, European Free Trade Association (EFTA)

countries - parties to the Agreement on the European Economic Area or the Swiss Confederation,

and to members of their families who stay with them or stay with them they join

The special act contains a special regulation concerning the extension of validity periods by operation of law

the following documents issued to citizens of European Union Member States, European Free Trade
Association (EFTA) countries - parties to the Agreement on the European Economic Area or the Swiss
Confederation, and to members of their families who stay with them or join them:

- documents confirming the right of permanent residence,

- residence cards of a family member of an EU citizen,

- permanent residence cards of a family member of an EU citizen.

In a manner analogous to the other solutions regarding the extension of validity periods of
documents by operation of law, if the end of the validity period of one of the above-mentioned
documents falls during an epidemic threat or epidemic state, it will be extended until the 30th day
following the date of recalling this state ( epidemic threat or epidemic), which will apply last (Article
15z7 paragraph 1 of the special act). At the same time, this extension will not constitute the basis
for replacement or issuance of a new document (Art.15z7 paragraph 2 of the special act).

10. Extending by operation of law the deadlines for submitting an application for a temporary
residence permit, permanent residence permit, long-term resident's EU residence permit,
visa extension or extension of stay under the visa-free regime.

Particular provisions of the Act on foreigners require foreigners who are already staying at
territory of the Republic of Poland, submit specific applications related to the legalization of their stay
in this territory on dates that determine the period of their legal stay (e.g. based on the existing
temporary residence permit, visa, visa-free stay).

These are the following recipes:

- art. 105 paragraph. 1 of the Act on foreigners - in relation to the application for a temporary residence

permit,

- art. 202 paragraph. 1 of the Act on foreigners - with regard to the application for a permanent residence

permit,

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 - art. 202 paragraph. 1 - used by virtue of the reference contained in Art. 223 of the Act on
Foreigners - in relation to the application for a long-term resident's European Union residence
permit,
- art. 85 sec. 1 of the Act on Foreigners - with regard to the application for visa extension,

- art. 300 sec. 2 of the Act on Foreigners - with regard to the application for extension of stay under the

visa-free regime.

The timely submission of the application determines that in the course of the procedure,
which is to lead to the granting of a permit or other activity (visa extension, visa-free stay extension),
the stay of a foreigner in the territory of the Republic of Poland will be considered legal, regardless of
the way in which this procedure is terminated ( e.g. Article 108 (1) (2) of the Act on Foreigners) or,
additionally, the admissibility of the proceedings (in the case of extension of a visa, permanent
residence permit and long-term resident's EU residence permit, submitting the application during
illegal stay gives rise to the basis for issuing a decision on refusal to initiate proceedings).
Due to the introduction of the state of epidemic threat, as mentioned earlier, on March 16,
2020, voivodeship offices temporarily suspended direct customer service, which in fact made it
impossible for foreigners to meet the requirement to submit an application in person in the above-
mentioned cases within the time limits set by them. previous legal stay or appearing in person when
summoned by the authority. Hence, the legislator decided that the deadlines for submitting these
applications - if they would fall in the period of an epidemic threat or an epidemic (which in fact
coincides with the date of suspension of direct customer service in voivodeship offices) - should be
appropriately extended by law, i.e. until the end of the 30th day following the date of recall of the last
in force from the states. Foreigners,they will also be the beneficiaries of the benefit of legal
residence in the period preceding the submission of the application and the legal basis for this
stay will result from individual provisions regulating the legality of stay in the course of the
proceedings, i.e .:
- art. 108 sec. 1 point 2 of the Act on foreigners - with regard to the application for a temporary

residence permit,

- art. 206 paragraph 1 point 2 of the Act on foreigners - in relation to the application for a permanent residence

permit,

- art. 206 paragraph 1 point 2 applicable under the reference to Art. 223 of the Act on
Foreigners - in relation to the application for a long-term resident's European Union residence
permit,
- art. 87 sec. 1 point 2 of the Act on foreigners - with regard to the application for visa extension,

- art. 300 sec. 4 of the Act on Foreigners - with regard to the application for extension of stay under the

visa-free regime.

It is therefore a conditional solution that they will be able to use all foreigners, in particular those
who are not covered by the special solutions of the special act described above, for example,
foreigners staying on the territory of the Republic of Poland under the visa-free regime, who entered
this territory on this title after March 14, 2020. The condition for using it will be to then submit one of
the appropriate applications.

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 That the stay of a foreigner is already in the period preceding submission of the application will be considered as

legal on the basis of specific provisions of the Act on foreigners, means foreigner will be able to derive
certain rights for himself during this period, including, in particular, the right to perform work in the
cases specified in the provisions of the Act on employment promotion and labor market institutions, i.e .:

a) pursuant to art. 88 g of paragraph 1. 1b of this Act - in the event that he has a work permit (the validity

period of which will be extended in accordance with the provisions discussed above), therefore he will be

able to perform work under the conditions specified in this permit, provided that he then submits (in the

extended deadline) application for granting:

- temporary residence and work permits (Article 114 (1) or Article 126 of the Act on foreigners),

- temporary residence permit in order to perform work in a profession requiring high

qualifications (Article 127 of the Act on foreigners),

- temporary residence permit for the purpose of conducting economic activity - for the

performance of work consisting in the performance of a function by a partner in the

management board of a limited liability company or joint-stock company, or conducting the

affairs of a limited partnership or limited joint-stock partnership by a general partner, or acting

as a proxy (art. 142 paragraph 3 of the Act on Foreigners),

- long-term resident's European Union residence permit,

- in order to continue the work previously performed;

b) pursuant to art. 88za paragraph. 3 of this Act - in the case when he has a declaration on entrusting work to

a foreigner, entered in the register of declarations (which, in accordance with the provisions discussed

above, will enable the performance of work for periods longer than originally specified and regardless of

the 6-month rule within the next 12 months ), and therefore will be able to perform work on conditions

not worse than those specified in the declaration, and will then submit (within the extended period), in

order to continue the same work, an application for a temporary residence and work permit (Article 114

(1) the Act on Foreigners).

11. Extending by operation of law the deadlines for leaving the territory of the Republic of Poland

under Art. 299 paragraph. 6 of the Act on Foreigners

In art. 299 paragraph. 6 of the Act on Foreigners, an obligation has been established for foreigners to

leave the Republic of Poland within a specified period, thus avoiding the risk of obliging them to return. At the

same time, this provision distinguishes between deadlines for the implementation of this obligation. And so, the

30-day period is established for foreigners for whom a specific decision preventing them from legalizing their stay

has become final, or for whom such a decision has been delivered as final (decision of a higher level authority).

Administrative decisions with such an effect are decisions to:

- refusal to extend a Schengen visa,

- refusal to extend a national visa,
- refusal to grant a temporary residence permit,

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 - refusal to grant a permanent residence permit,

- refusal to grant a long-term resident's EU residence permit,

- discontinuation of the procedure for the extension of a Schengen visa,

- discontinuation of the procedure for the extension of the national visa, discontinuation

- of the procedure for the granting of a temporary residence permit,

- discontinuation of the procedure for granting a permanent residence permit,

- discontinuation of the procedure for granting a long-term resident's EU residence permit, withdrawal

- of a temporary residence permit,

- withdrawal of the permanent residence permit,

- withdrawal of a long-term resident's EU residence permit,

- refusal to grant refugee status and subsidiary protection, finding the

- application for international protection inadmissible,
- discontinuation of the procedure for granting international protection,

- deprivation of refugee status,

- deprivation of subsidiary protection.

On the other hand, the 7-day period has been established with regard to foreigners who, pursuant to Art. 31 sec. 1 of the

Act on foreigners, in particularly justified cases, due to their health condition, they were not transferred to a third

country, despite the decision to refuse entry. This period runs from the date on which the reasons for not transferring

the foreigner to a third country have ceased to exist.

Due to the fact that in recent weeks the possibilities of movement have been significantly reduced

crossing the borders of the countries neighboring the Republic of Poland, the fulfillment of the obligation to leave

the territory of the Republic of Poland within the statutory deadline has in many cases become impossible. Hence,

the special act introduces a solution consisting in an appropriate extensionby the power of law such date - if its

end falls within the period of an epidemic threat or state of epidemic. Then it will be extended until the lapse of

the 30th day from the date of recalling the last in force from the states.

The extension of time limits by operation of law will also apply to those dates that have started their run

before March 14, 2020, but not by that date, as well as those that would have started during an
epidemic emergency or epidemic. Therefore, in the case of delivering one of the above decisions to
the party (attorney, other representative) in the period from March 14, 2020, which is final, the
deadline for the implementation of the obligation to leave the territory of the Republic of Poland - if
the epidemic (or possible later state of emergency epidemic) - will be appropriately extended by
operation of law.

12. Extending the time limits for voluntary return by operation of law

Decisions obliging a foreigner to return (which in today's legal state are equivalent to former
expulsion decisions), as a rule, define the period of voluntary return, which ranges from 15 to 30 days, and
in accordance with Art. 315 paragraph. 1 of the Act on foreigners runs from the date of delivery of the
decision. Exceptionally, in the case of parallel proceedings on granting a residence permit, extension of a
visa, proceedings on granting international protection, this period runs from the moment of

18
until the specific decision ending this parallel proceeding becomes final or is delivered as final. The nature of this

term is such that it allows the foreigner, who is the addressee of the decision on the obligation to return, to fully

fulfill the obligations arising from this decision, without having to resort to coercive measures. For reasons

identical to the time limits for leaving the territory of the Republic of Poland pursuant to art. 299 paragraph. 6 of

the Act on Foreigners, the implementation of specific obligations within the set deadlines has now become

impossible in many cases. Hence, the special act analogously extends the deadlines for voluntary return, the end

of which would end in the period of an epidemic threat or state of an epidemic. The extension takes place until the

30th day following the day of recalling that state, which was last in force. As in the case of other special solutions

of a special act, this legal effect occurs automatically, by virtue of the law itself. The source of the extension of the

deadline for the implementation of the obligation under the decision obliging the foreigner to return is not any

decision, and the foreigner does not have to apply for an extension of the period of voluntary return in

accordance with art. 316 of the Act on Foreigners.

The extension of time limits by operation of law will also apply to those dates that have started their run

before March 14, 2020, but not by that date, as well as those that would have started during an
epidemic emergency or epidemic. Therefore, it will also apply to decisions obliging the foreigner to
return, which will be issued during one of these states.

13. Extending the validity of the temporary foreigner's identity certificate (TZTC) by operation of
law.

Temporary identity certificates of a foreigner are documents issued to foreigners applying for international protection. During

their validity period, they confirm the identity of the foreigner during his stay in the territory of the Republic of Poland and entitle

foreigners and minor children covered by these certificates to stay in the territory of the Republic of Poland until the end of the procedure

for granting international protection by a final decision (Article 55a (1) of the Act June 13, 2003 on granting protection to foreigners within

the territory of the Republic of Poland / Journal of Laws of 2019, item 1666 /). The special act currently provides for a solution - consistent

with other solutions dedicated to foreigners - providing for the extension of validity periods of such documents by operation of law, if their

end would fall during an epidemic emergency or epidemic. The period of validity will be extended until the 30th day following the date of

revocation of the last in effect from the states. As in the case of extending the validity periods of residence cards, this extension will not be

connected with the basis for issuing a new temporary identity certificate of a foreigner. The foreigner will be able to use the existing

document as valid. this extension will not be connected with the basis for issuing a new temporary identity certificate of the foreigner. The

foreigner will be able to use the existing document as valid. this extension will not be connected with the basis for issuing a new

temporary identity certificate of the foreigner. The foreigner will be able to use the existing document as valid.

19