Employ Ukrainian refugee in Poland as a German company

Dear community,

We are an German SME and would like to employ a Ukrainian citizen in a 100% remote job within Poland. He has fled with his whole family (parents, wife, children) to Poland and wants to stay there and keep his residence permit. However he needs to be directly employed as we also receive funding for his job role as he is going to work in a partly governement funded research project. So is it possible to employ a Ukrainian refugee with a residence permit in Poland as a German company or are there any restrictions that would prohibit such a employer relationship. We have asked many people in several German administrative organization and nobody was able to provide a useful answer. So if you have any useful input with regard to the posed question I would be extremely grateful!

3 Comments

Reply (3)

Barbara__Community_Manager

Dear @Mattila , thank you for getting in touch. You cannot employ a person who has a residence permit for Poland. The person must work under Polish jurisdiction. We have also sent the question to our experts to check what other options you have in this situation. The answer should come back within 2 weeks. We will then contact you. Kind regards, Barbara

Mattila

Thanks for your swift reply Barbara!

Міла_Модераторка

Dear @Mattila ,

I am sorry that you had to wait so long, but we cannot influence some processes with our consulting lawyers.

Please find the answer from our lawyer, who helps us with similar cases:

Unfortunately, I cannot answer this question. This is because permission depends, among other things, on your company structure, registered office, labor law competition regulations and the regulations of the research sponsors and is more of a labor law problem than an asylum or residence law problem.

This is probably also the reason why the authorities cannot give you an answer. In principle, it is not a problem if a person with a residence and work permit for Poland works in Poland for a German employer, as long as your company has a registered office in Poland under labor law, for example, and/or is allowed to be active in Poland under labor law. You should have the latter checked by a specialized law firm in terms of employment law.

Beste wishes,

Mila

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