The foreigners who want to take up employment in Poland are required to have a work permit or a temporary residence and work permit or a declaration of entrusting work to a foreigner. Individuals, who are nationals of non-EU countries, staying in Poland on the basis of a permanent residence permit or a long-term EU resident permit, do not require any additional documents granting them the privilege to take up work.
What is a work permit and how to obtain it?
The work permit allows taking up work by a foreigner during his legal stay. The condition is to have a valid visa or temporary residence permit, which allows to take employment in Poland. A foreigner, whose residence in Poland is e.g. based on visa for tourism purposes, cannot work in Poland legally even when he possess a work permit. The work permit contains information about the employer for whom the foreigner performs work. If the foreigner intends to change employer he has to apply for a new permit. A work permit is issued by the Voivode competent for the place of residence of the employer. It is also worth to add, that it is precisely the employer who is an applicant and who initialize the procedure. Ultimately, work permit is issued in a form of administrative decision in three copies: for the employer, for the foreigner and one copy remains in the Voivodship Office. The procedure of obtaining work permit should take up to one month, unless the case is particularly complicated, then it might be extended to two months.
Due to applying for work permit, the employer bears the following costs:
- 50 zł, if a work permit is supposed to be valid for up to three months
- 100 zł, if a work permit is supposed to be valid for a period longer than three months
- 200 zł, if the foreigner is delegated to Poland due to realization of an export service.
Temporary residence and work permit
About the temporary residence permit we wrote in the previous article. The temporary residence and work permit is one of the types of permits that foreigners who want to stay in Poland up to three years can apply for. The procedure of obtaining temporary residence and work permit is linked to submitting additional documents, which are not required for example in case of temporary residence permit for a family member of RP citizen. Therefore, an application should be complemented, among the others, by labour market test. The applicant is a foreigner, who submits an application to appropriate provincial office, according to the place of residence.
A declaration on entrustin work to a foreigner - what is it and how the procedure looks like?
A declaration on entrusting work to a foreigner can be issued to a citizen of Armenia, Belarus, Georgia, Moldova, Russian Federation and Ukraine, who wants to take up work in Poland for a period not exceeding 6 months within 12 consecutive months. Then, they don’t have to apply for a work permit. However, the conclusion of the contract is required. To initiate the procedure an employer should register declaration in the district labour office competent due to permanent residence or head office. After obtaining the original copy of the declaration, it should be sent abroad, so that the foreigner could apply for a visa. The provisions regarding the registration of declarations have changed since 1 January 2018. At present, the employer entrusting work to a foreigner on the basis of a declaration, in order to obtain the document, is obliged to pay a one-off payment of 30 zł.
Employment of foreigners in Poland and legal help | Law office in Gdańsk. Gdynia and Warsaw
THE LAWYERS OF KL LAW POLSKA are pursuing the procedures before provincial offices in regard to employment issues. We have been dealing with foreigners’ cases in provincial office in Gdansk, Warsaw, Olsztyn, Krakow, Kielce, Poznan and many other cities.
If you need lawyer’s help, contact us:
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