Work permit in Poland – all you need to know

In our article, we focus on the procedure for applying for a work permit in Poland for foreigners from outside the EU/EEA/Switzerland. It contains detailed information about the different types of work permits, formal requirements, labor market tests, and the necessity of documenting the qualifications of foreigners.

Our guide is intended for both employers and foreigners themselves. We invite you to read it.

Work permit in Poland – key information

Here is the information presented in table form:

What types of work permits in Poland do we encounter most often?

An employer whose registered office, residence, or branch, establishment, or other form of organized activity is located in Poland, wishing to employ a foreigner from outside the EU/EEA/Switzerland, is required to apply for a work permit of type A or type B.

Both types of permits are issued for a maximum period of 3 years, with the type B work permit potentially being issued for a maximum of 5 years if the legal entity employs more than 25 people.

Work permit type A

In practice, this is the type of permit we encounter most frequently. The formal requirement for obtaining it is that:

• The monthly salary for the foreigner must not be lower than the amount of the currently applicable minimum wage.
• The monthly salary for the foreigner must not be lower than the salary of other employees (including Polish citizens) performing work in a comparable position or of a comparable type.
• The employer must obtain, unless exempted by separate regulations, the so-called information from the local labor office.

Labor market test, or searching for qualified poles

For some foreigners (more precisely, for the positions they are to occupy), before applying for a work permit in Poland, the employer is required to submit a national job offer in order to obtain the aforementioned information from the labor office.

The procedure involves the local district labor office checking whether among the registered unemployed Polish citizens (and certain categories of foreigners, e.g., graduates of Polish universities), whose qualifications match those outlined in the submitted job offer, there are willing and ready candidates.

If the office does not find suitably qualified Polish citizens in the registry, it issues an information statement declaring the lack of possibilities to meet the employer’s staffing needs in the local labor market.

Work permit in Poland. When can the labor market test be waived?

The labor market test is not necessary, among others, in cases where:

• The foreigner performs a profession listed in the register published by the relevant voivode;
• The foreigner performs a profession listed in the Annex to the Regulation of the Minister of Labor and Social Policy of January 29, 2009, regarding the determination of cases when a work permit in Poland is issued regardless of the specific conditions for issuing Polish work permits for foreigners;
• The foreigner meets other conditions exempting from the labor market test (including those described in Article 88c, paragraphs 3 or 8 of the Act of April 20, 2004, on the promotion of employment and labor market institutions).

The necessity of documenting qualifications

It should be noted that all criteria indicated by the employer in the job offer (i.e., minimum work experience in a given position, professional qualifications, education level, language proficiency) must be met by the foreign candidate themselves. At a later stage, when applying for a Polish work permit, the employer will be required to present documents confirming that the foreigner meets the requirements set for job candidates specified in the information from the labor office (diplomas, certificates from previous employers, language certificates, etc.).

The procedure for the labor market test certainly extends the entire period of legalizing the foreigner’s work even before their employment, which the employer should take into account in their business plan.

A summary of this administrative procedure is presented in the table below.

Here is the information presented in table form:

Work Permit Type B

This type of permit applies to a foreigner who:

• Holds a management position in a legal entity registered in the business register;
• Holds a management position in a legal entity that is a capital company in formation;
• Manages the affairs of a limited partnership or a limited joint-stock partnership as a general partner or attorney, provided that during the previous 12 months, they held this position for more than 6 months.

Conditions that must be met when assigning work to a foreigner in the role of a management board member, general partner, or attorney are that the company:

• Achieved in the tax year preceding the submission of the application an income not lower than 12 times the average monthly salary in the province, announced by the President of the Central Statistical Office, and employed on an indefinite basis and full-time for at least one year preceding the submission of the application at least two employees who are not required to have a work permit in Poland, or
• Demonstrated the possession of funds or conducted activities allowing for the future fulfillment of the conditions stated above, in particular by engaging in activities contributing to increased investment, technology transfer, introducing beneficial innovations, or creating jobs.

Work permit in Poland. When two permits are necessary

The employer should exercise special care when appointing a foreigner to the management of the company or granting them power of attorney. Depending on whether the foreigner:

• Is residing in Poland for this purpose or not;
• Has or has not entered into an employment contract with the employer (including whether this contract pertains to performing managerial/attorney functions or other tasks),

the employer may either:

• Be exempt from the obligation to apply for a work permit in Poland for the foreigner, or
• Be required to apply for a work permit of type A, or
• Be required to apply for both a work permit of type A and type B together.

New working conditions = new work permit in Poland

It is essential to remember that a work permit in Poland pertains to a specific foreigner performing work for a specific employer. Assigning work to another person—whether from within or outside the company—even under identical conditions (i.e., the same position, the same working hours, and the same salary) requires the employer to submit an application for a work permit in Poland for that specific person.

The obligation for the employer to obtain a work permit in Poland will also arise in the event of changes to the employment conditions of a given foreigner working under a work permit in Poland, such as:

• Change of the position held or the type of work performed (unless the change pertains only to the job title; as in the case of switching to a foreign language version, e.g., from “Head of HR Department” to “HR Director,” with the same scope of responsibilities);
• Reduction in salary;
• Change in working hours (unless the increase in hours is accompanied by a proportional salary increase);
• Change in the type of contract under which the foreigner is working (except for switching from a civil contract to an employment contract).

Under what circumstances do work permits of Type A and B remain valid despite changes by the employer?

The Polish work permit remains valid, among other cases, if:

• There has been a change in the registered office or residence, name, or legal form of the entity assigning work to the foreigner, or
• There has been a takeover of the workplace or part of it by another employer, or
• There has been a transfer of the workplace or part of it to another employer,

provided that the employer has fulfilled the obligation to inform the relevant voivode in writing within 7 days of the occurrence of the aforementioned circumstances. It is important to note that a similar obligation to inform the voivodeship office applies to several other situations (which will be discussed later in the article).

Work permits type C and D

A separate category of permits consists of type C and D work permits, applicable in cases where a foreigner is delegated to work in another country. In both cases, these permits concern situations where the employer’s registered office is located outside of Poland, as well as outside the EU/EEA/Switzerland.

Unlike work permits of type A and B, additional conditions must also be met by the employer if a type C or D permit is to be issued:

Work permit in Poland. Salary level

During the period of their delegation, the foreigner must receive a monthly salary of at least 70% of the average monthly salary in the province, announced by the President of the Central Statistical Office. This amount must be included in both the application for the work permit in Poland and in the letter delegating the foreigner to work, in which the employer confirms the delegation, the duration, the salary, and the position (this letter is one of the elements of the entire application).

Work permit in Poland. Designation of a person authorized to represent the employer in Poland

This refers to indicating a person designated by the employer to communicate with the National Labor Inspectorate (to send and receive documents and notifications), as well as the voivode and other authorities authorized to control the legality of the foreigner’s work and residence in Poland (e.g., the Border Guard).

Work permit in Poland. Declaration of employee delegation

No later than on the day the delegated employee begins work (providing services), the foreign employer is required to submit a declaration of delegation to the National Labor Inspectorate (PIP). Furthermore, if any changes occur during the delegation process regarding the information covered by the declaration of the employee’s delegation to Poland, the delegating employer is obligated to inform the PIP of this within 7 days.

Work permit Type C

This type of permit is appropriate when a company intends to delegate a foreigner and:

• It has its registered office outside the EU/EEA/Switzerland;
• The delegation is to Poland to a branch or establishment of that company or to an entity affiliated with it as defined by capital, organizational, and personal connections specified in the Act of July 26, 1991, on personal income tax;
• The period of delegation to Poland exceeds 30 days in the calendar year.

In the case of a type C work permit, the employment relationship is most often established in a country other than the one where the work will be performed (delegated). The delegation of an employee usually results from signing a contract between the foreign company and its foreign (in this case, Polish) contractor, for whom the employee will carry out specific services.

The application for this type of permit should be directed to the relevant voivode based on the registered office of the entity to which the foreigner is being delegated. The party to the proceedings is solely the entity delegating the employee to perform work in Poland. A type C work permit is issued for the planned period of the foreigner’s delegation, but not longer than 3 years.

Work permit Type D

This work permit applies when a company intends to delegate a foreigner and:

• It has its registered office outside the EU/EEA/Switzerland;
• The delegation is to Poland, where the company does not have a branch, establishment, or other form of organized activity;
• The delegation is related to the provision of a temporary and occasional service, known as an export service.

It is important to remember that for each case, it will be assessed whether the service can be considered temporary and occasional, using criteria such as duration, frequency, regularity, and continuity of service provision.

The application for this type of permit should be directed to:

• The relevant voivode based on the registered office or residence of the entity for which the export service is being provided; or
• The relevant voivode based on the primary place of work performed by the foreigner in Poland if the entity for which the export service is being provided is located abroad.

When are work permits type C and D not necessary?

The initiation of the procedure for obtaining these permits will be unjustified if the foreigner—while maintaining their permanent residence abroad—is to be delegated to Poland for a period not exceeding 3 months in a calendar year for the purpose of:

• Performing assembly, maintenance, or repair work on delivered devices, structures, machines, or other equipment, provided that the foreign employer is their manufacturer;
• Accepting ordered devices, machines, structures, or other equipment made by a Polish entrepreneur;
• Training employees of the Polish employer receiving the devices, structures, machines, or other equipment in their operation or usage;
• Assembling and disassembling exhibition stands, maintaining them, if the exhibitor is the foreign employer delegating the foreigner for this purpose.

Summary – work permits type A, B, C, and D

How long will I wait for the permit to be issued?

As a rule, the waiting period for the issuance of all types of permits is 30 days, and in particularly complicated cases, it can extend to 2 months. In practice, however, in many voivodeship offices, these periods are often significantly exceeded, and the waiting time can sometimes reach 3-4 months (especially for type A work permits). Employers must take this into account in their business plans.

In what form will I receive the work permit in Poland?

All types of permits are issued in the form of an administrative decision (therefore, in the case of a refusal, the entity employing or delegating has the right to appeal within 14 days from the delivery of the decision).
Permits are issued in 3 copies, one of which remains with the office, and two are received by the employer (one of which must be given to the foreigner). It is worth noting that in the case of e-permits, the employer usually receives a PDF document signed with a qualified electronic signature.

For the collection of the “paper” copy intended for the foreigner, voivodeship offices sometimes schedule personal visits for employers or send the permits by mail. In practice, however, they increasingly rely on the electronic form of the document, which the employer can (and should) share with the foreigner, for example, via email.

When will the voivode refuse to issue a work permit in Poland?

Among the circumstances leading to the refusal to issue a work permit in Poland, the following should be noted:

• The foreigner does not meet the qualification requirements and other conditions for performing work in a regulated profession;
• The employer provided false information or documents in the application, testified falsely, or concealed the truth;
• The employer has been legally convicted of an offense related to the illegal employment of a foreigner or has been convicted again within 2 years of being found guilty of assigning illegal work to a foreigner for the same act;
• The employer has been penalized for committing a crime against the credibility of documents in connection with the application for a work permit in Poland or is managed or controlled by such a person;
• If it appears that the application for a work permit in Poland was submitted for appearance’s sake, the permit will be used by the foreigner for purposes other than performing work for the given entity, or the entity assigning work to the foreigner does not fulfill its obligations related to conducting business or assigning work to others;
• The foreigner’s personal data has been entered into the register of foreigners whose stay in Poland is undesirable.

What informational obligations does the employer have towards the voivode when employing a foreigner based on a work permit in Poland?

The employer is obliged to inform the voivode in writing within 7 days of the occurrence of the following circumstances:

• The foreigner has started work in a different capacity or in a different position than specified in the work permit;
• There has been a change in the registered office or residence, name, or legal form of the entity assigning work to the foreigner, or the takeover of the workplace or part of it by another employer;
• There has been a transfer of the workplace or part of it to another employer;
• The person representing the employer has changed;
• The foreigner did not commence work within 3 months from the initial validity date of the work permit in Poland;
• The foreigner has interrupted work for a period exceeding 3 months;
• The foreigner has ended work more than 3 months before the expiration of the work permit validity period.

Work permit in Poland – Frequently Asked Questions