There are several possible scenarios for employing a foreigner in Poland and entrusting work legally. The process depends primarily on the nationality of the future employee. It is crucial if they come from a country within or outside the European Union (EU).
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Employing a Foreigner in Poland Scenario 1: EU Citizens
The most simple way to hire a foreigner is by hiring a citizen of an EU country, the European Economic Area (EEA), or Switzerland. In this case, the employer must only verify the candidate’s identity and nationality. One can do it by checking a valid passport or other identification document. A positive verification grants the foreigner access to the Polish labour market. The conditions for employment are the same as for Polish citizens. A positive verification legalizes the foreigner’s stay in Poland for the first 3 months.
Due to Brexit, special rules apply to citizens of the United Kingdom and Northern Ireland. They are referred to as beneficiaries of the Withdrawal Agreement.
Employing a Foreigner in Poland Scenario 2: Non-EU Citizens
For non-EU citizens, the process is different. Verification of the candidate’s nationality is only the first step. Next, in most cases, a work permit is necessary before employment begins. Some foreigners may be exempt from this requirement under specific regulations.
Legal Work is Possible Only with Legal Stay
The employer must ensure the foreigner’s stay in Poland is legal. Many believe the employer is only responsible for legal employment. In reality, employers face penalties for hiring foreigners without a valid residence permit. Therefore, issues related to the legal stay of a hired foreigner are also the employer’s concern.
Legal Employment Without Work Permit
Some non-EU foreigners can start work immediately. This is the most convenient business scenario for an employer. This is possible if non-EU foreigners have:
· A valid residence document. For example visa, residence permit, or permission for visa-free travel. The document must allow employment. According to the current legal status, this applies to a national visa marked with codes 01 and 02.
At the same time, they must have
· A document exempting them from the obligation to obtain a work permit with a specific employer. This applies e.g. to a national visa marked with code 21, a permanent residence permit, an EU long-term resident permit, a Pole’s Card, or a diploma from a Polish university.
Employing a Foreigner in Poland When a Work Permit Is Mandatory
If a foreigner does not have a legal basis for work permit exemption, the employer must apply to the provincial governor for a work permit. The Type A work permit is the most common. It allows employment under a contract with a company located in Poland. The employer can request a permit for a specific duration. It should align with the period of employment provided in the contract.
Any changes in employment conditions including:
· Change of job position (It does not apply if only the job title is changed while identical responsibilities are maintained).
· Working hours adjustment,
· Salary reduction
require obtaining a new work permit. Only after obtaining the decision, it will be possible to make the planned change in employment conditions.
Labour Market Test Before Issuing a Work Permit
For certain positions, the employer must first submit a national job offer to obtain a so-called district governor’s information. The procedure involves the local district labour office verification. It checks whether there are Polish job seekers who qualify. The verification of registered job seekers includes also certain categories of foreigners. For example graduates of Polish universities. If there are no suitable candidates, the labour office issues a district governor’s information. It confirms the inability to meet the employer’s personnel needs in the local labour market.
Faster Employment Procedure for Citizens of Eastern Countries
Citizens of Armenia, Belarus, Georgia, and Moldova can be employed through a simplifiedprocedure. It offers a shorter waiting time for the legalization of work. Moreover, it simplifies the process by eliminating the need for a labour market test. Information from the district labour office is not required. Instead, the employer must submit a “Declaration on Entrusting Work to a Foreigner” to the register of the district labour office.
However, any change in employment conditions such as:
- change of job position (does not apply if only the job title is changed while identical responsibilities are maintained)
- working hours,
- salary,
- or workplace location
requires submitting a new declaration before making the change.
Employing a Foreigner in Poland – Special Rights for Ukrainian Citizens
Currently, under the so-called Ukrainian Special Act, simplified employment rules apply to Ukrainian citizens. It concerns those who arrived in Poland after 24 February 2022 due to the war and their close relatives. Furthermore, it also concerns all Ukrainians who have legal residence in Poland.
As for now, employers must submit a “Notification of Entrusting Work to a Ukrainian Citizen”. One can do it through the praca.gov.pl portal within 7 business days after employment begins. Only in this specific procedure legalization occurs after the beginning of work. The process is free of charge.
However, remember that employers must still verify the residence status of Ukrainian employees. Some employers rely solely on declarations from Ukrainian citizens. Yet, one should verify if the conditions outlined in the special act are still met. Specifically, make sure that the Ukrainian citizen’s entry into Poland:
- occurred after 24 February 2022,
- was related to military actions, and
- the foreigner declares an intention to remain in Poland.
It is a common practice that the legality of stay under special wartime law is confirmed by a certificate of issuing a PESEL number with the “UKR” status. This serves as proof that the foreigner has registered their stay in Poland. However, the “UKR” status can be lost or revoked. For example due to leaving Poland for more than 30 days or, as a result of a system error. Therefore, it is advisable to implement a verification procedure to ensure that the beneficiary of the special law still holds a PESEL number with “UKR” status. It is recommended to request the foreign national to present an open electronic document Diia.pl. It is available in the mObywatel app. Its active status confirms the validity of the PESEL number with “UKR” status.
If you want to learn more employing a foreigner in Poland, contact us.
