The provincial offices have achieved their goal and amended the Code of Administrative Procedure under Art. 37, excluding the possibility of filing a complaint with a court regarding the work permit procedure. This is stated in the Law of June 24, 2021 amending certain laws relating to family benefits, Journal of Laws no. 2021 p. 1162, which comes into force on 13 July 2021.
Instead of pursuing reforms and adapting to the expectations of Polish entrepreneurs and foreigners, the state legitimizes the inaction of decision-making bodies for 3-4 months, and sometimes longer.
Employers and foreigners are required to comply with deadlines. Otherwise, it can lead, for example, to illegal assignment of work, deportation and fines.
Government bodies are not responsible for not complying deadlines. There is no equality before the law… The whole system is collapsing, and it only gets worse every year.
After the amendment to the law, it will be even worse.
To Article 4 of the Law of April 20, 2004 on the Promotion of Employment and Labor Market Institutions (Journal of Laws of 2021, item 1100) under Article 10, Article 10a is added, which reads as follows:
“Article 10a of the Provisions of Art. 37 of the Law of June 14, 1960 – Administrative Procedure Code (Journal of Laws of 2021 item 735) does not apply to:
1) the coordination of the social security systems referred to in Article 8a;
2) the issuance of a work permit specified in art. 88a – 88m;
3) issuance of a permit for seasonal work specified in Art. 88n-88y;
4) records of an application for entrusting work to a foreigner specified in Art. 88z-88za. “