The citizens of the Member States of CIS, predominantly Ukrainians, Russians and Belarusians, can be employed in Poland. However, the legal regulations in this field are quite different from those governing the employment of the citizens of other EU Member States or other countries.
The foreigner who arrives in Poland from the CIS Member States is legally entitled to perform work for 6 months within the following 12 months. It is worth noting that he or she is not required to have a work permit, but is must have a valid legal title to stay in the territory of Poland (usually a visa).
This however does not mean that he or she is not entitled to apply for such work permit. The work permit can be applied for by the employer in case the foreigner has been continuously employed for three months prior to submitting the application and provided that the employer intends to prolong the contract with the foreigner for over 6 months.
The employer is also obliged to inform the Poviat Employment Office (public institution) territorially competent with respect to the registered office/place of residence of the employer, of the intention of employing a foreigner from the CIS Member States. Such statement should include detailed information on the profession, place and timeframes of work, gross remuneration for the foreigner etc.
The statement should be appended with adequate documents, such as proof of identity of the employer, documents certifying conducting business activity etc.
It is important to bear in mind that the entire procedure of employing a foreigner from one of the CIS Member States, apart from temporal limitations and the necessity of submitting the aforementioned statement, also entails one more restriction. Namely, the employment agreement must be concluded in writing.
Any employer who intends to employ a foreigner from the CIS Member States may contact CGO law firm for assistance. We provide complex services including preparing and submitting adequate applications. We also support and guide the client through the potential formal proceedings leading to obtaining a work permit.
For more information please do not hesitate to contact us.