Legal employment would decide to proceed to stay in Poland for Ukrainian men subject to military obligation. This change after the possible return of the Law and Justice to government was presented by the Euro MP Tobias Bocheński. Today, however, the failure of work alone is not adequate to take temporary protection and remove a foreigner from the country.
Bochen’s Pronunciation
The Euro MP of Law and Justice Tobias Bocheński presented a plan concerning Ukrainian men of conscript age who do not have legal employment in Poland. According to Polsat News, the politician announced that erstwhile the Law and Justice returned to power 1 of the first decisions would be their deportation. He estimated that this would give them an chance to fight for their own homeland and contribute to the faster end of the war.
The declaration touches on 2 matters which the State cannot circumvent. The first is the right of Poland to control the residence of foreigners and the requirements of legal work. The second is the work of the Ukrainian State for mobilising its own citizens. Helping an assaulted neighbour does not mean that Warsaw is to replace Kiev in all state function.
Unemployment does not mean illegal residence
However, a political password must withstand a collision with the law. The Ministry of Family, Labour and Social Policy informs that a citizen of Ukraine covered by temporary protection has the right to work in Poland, but can besides registry with the Labour Office as an unemployed individual if he is legally here. The deficiency of employment in itself does not so affect the right to reside.
The Border defender office states that the stay of beneficiaries of temporary protection is considered legal until 4 March 2027, with the anticipation of further changes resulting from the decisions of the European Union. The position may expire in certain legal situations, but automatic deportation for just being unemployed is not 1 of them.
This does not put an end to the debate on changing the rules. It simply means that the government would gotta present a law compatible with national law, global obligations and the rule of individual case handling. The state of serious does not regulation the conference communication. It shall specify the conditions, the appeal procedure and the work of the competent authorities.
Legal work is an honest condition
Poland has the full right to anticipate persons able to work who benefit from public safety and services to enter into legal employment if this does not prevent health, care for loved ones or another legitimate circumstances. The grey area is bad for everyone. It reduces taxation revenues, facilitates the exploitation of foreigners and creates unfair competition against Polish workers and companies.
Therefore, it is appropriate to call for a review of the legality of employment. It should include effective inspections, prosecution of unfair employers and checking of residence. However, the unemployed must not be identified as working illegally. These are 2 different situations. The State must separate them if it wants to act reasonably and effectively.
The conscription is the task of the Ukrainian authorities
The military service of Ukrainian citizens remains a separate problem. It is the Ukrainian State that defines the work of defence, the principles of mobilisation, the categories of capacity and exclusion. Poland can cooperate with Kiev only within the limits of its own law. It should not itself make a collective category of people intended to mention to the front.
After all, the draft age does not find whether a peculiar individual is mobilized, deferred, incapable to service or in a peculiar household situation. These circumstances require papers and individual assessment. Hardness without procedure easy turns into chaos, and chaos does not strengthen Poland or the fighting Ukraine.
Polish interest requires clear rules
Four years after the beginning of full-scale Russian aggression, Poles are entitled to anticipate the end of the makeshift. The rules of residence, work and benefits should be readable, enforceable and linked to real economical integration. Aid is intended to defend people from war and migration policy is intended to defend the order and interests of the host country. Both targets can be reconciled.
The proposal of the Law and Justice Office opens the essential discussion about duties, but requires details. Who precisely is he gonna cover? How will legal residence and employment be established? What are the exceptions and the appeal route? Unanswered remains a slogan.
The country's credibility, safety of the labour marketplace and control of migration are at stake for Poland. We request rules that are demanding but legal and applied individually. National interest is not about choosing between helplessness and collective sanctions. It lies in an effective state that knows who it is that it gives protection, what it expects and can do.
Source: Polsat News
