Companies can grant, e.g. financial benefits to employees from Ukraine or days off for volunteering in connection with the ongoing war

However, they should pay attention to the payment criteria and verification of their subordinates’ social activity.

More and more companies are deciding to pay out allowances for employees from Ukraine due to the possible effects of the war. This makes it easier, for example, to bring a family to Poland or to transfer aid to those relatives who did not evacuate despite the hostilities. One of the first enterprises of this type was the Biedronka chain, which granted all Ukrainian full-time employees (over 1.8 thousand people) non-returnable financial aid of PLN 1,000. Some employers also allow their subordinates (regardless of nationality) to take a day off for volunteering, treating this time as paid, justified absence from work. Of course, such actions are permitted, but employers paying out financial aid must correctly define the criteria for granting it, so as not to be exposed to the allegation of discrimination. On the other hand, those granting the day off should not overly verify whether the employed person actually spent this time, e.g. helping refugees (due to the restrictions resulting from GDPR). (…)

Initially, the aid from the employer was spontaneous and informal.

If consent was needed, e.g. for a day off, it was simply granted. It is difficult to imagine how this kind of activity would be documented, apart from the employee’s statement or possibly the non-governmental organization with which the employee cooperates. It is not even known how such documents would be stored. In practice, these issues are resolved in companies in the form of an employer-employee agreement, as indicated by Adam Kraszewski, legal counsel and partner at GESSEL. He underlines that companies must, however, be careful about the use of specific support solutions, such as employment preferences, for example, posting job offers such as “I will employ Ukrainians”. The question then automatically arises whether they will be less willing to hire people of a different nationality? It is clear that the intentions are valid, but the company cannot introduce discriminatory criteria, adds Mr. Kraszewski.

Therefore, employers should avoid linguistic simplifications and ensure the correct wording of offers (e.g. job positions open, “including for those from Ukraine” or “especially for foreigners”). ©®

Łukasz Guza’s article was published in the daily Gazeta Prawna on March 31, 2022