Major changes are coming to the Polish labor market. On April 8, 2022, the Verkhovna Rada of Ukraine published draft law No. 7265 amending the Criminal Code of Ukraine and the law on the legal regime of martial law. As a reminder, martial law in Ukraine was introduced by decree of the President of Ukraine on February 24, 2022, and was extended by the Verkhovna Rada until April 25. On April 11, the draft was referred to the relevant parliamentary committees.
According to the draft law, if martial law is imposed in Ukraine or in individual Ukrainian localities, all individuals subject to conscription for military service during mobilization are obligated to return to Ukraine. The return deadline is set for no later than 15 days after the law's entry into force. The provisions will apply not only to individuals subject to conscription, but also to members of the Cabinet of Ministers of Ukraine and heads of state authorities residing outside of Ukraine. Amendments to the Criminal Code are planned, introducing a prison sentence of 5 to 10 years for individuals who ignore the obligation to return to their homeland without providing a valid reason. The draft provides for exceptions to the new regulations that could justify refusal to return: a ban on leaving the country of residence, natural disasters, catastrophes or accidents, foreign business trips, hospitalization, or other circumstances that impede departure from the country of residence. Having a regular residence permit in another country does not affect the obligation to return to Ukraine. At the same time, the Verkhovna Rada of Ukraine began work on an additional draft law, No. 7268, which would introduce criminal liability for illegally crossing the border during wartime by men of military age. They would be subject to a fine of between 5,000 and 10,000 UAH of untaxed minimum income (from 85,000 to 170,000 UAH) or imprisonment for 3 to 5 years.
The planned changes will undoubtedly impact the Polish labor market, which could lose many Ukrainian workers. Although Ukraine lacks the tools to enforce the planned regulations outside of Ukraine, meaning the decision to return will rest with Ukrainian citizens, mass departures to Ukraine are expected. Experts estimate that as many as several hundred thousand workers could be required to return to the country.
