Uśmiechnięty mężczyzna na czele zespołuServices for foreigners’ employers

Due to our services, you will get to know how foreigners' employment mechanisms work, receive all documents on time and find out what inspections you can expect from the authorities.

Remember, that in accordance with Art. 120 of the Act of 20 April 2004 on employment promotion and labor market institutions (Journal of Laws 2020.1409), the illegal employment of a foreigner shall be liable to fine of 1000 to 30,000 PLN.

The range of our office's services includes:

  • reviewing documentation before employment;

  • training for employers;;

  • assistance in obtaining the starost's opinion.

We also offer comprehensive advice on how to change the terms of employment of a foreigner.

 

Audits of the lawfulness of foreigners’ employment

We conduct audits of the lawfulness of foreigners’ employment to help the employer. We advise on the current regulations and procedures for employing foreigners, which allow you to save both time and finances of business entities. We analyze both documents legalizing a person's work and stay and also the employment documents.

We prepare a report for the entrepreneur, in which we indicate any irregularities, and propose the best solutions and corrections to adjust the conditions to the applicable regulations.

 

Permit type A

A type A work permit is issued to foreigners working in the territory of Poland, on the basis of an agreement with an employer, whose office or other form of organized registered activity is located in Poland. To obtain a type A permitt, you must meet the requirements and provide a complete set of documents.

In order to obtain a type A permit, allowing the employment of a foreigner, you must prove that the salary, which will be specified in the contract with the foreigner, will be not lower than the minimum salary of other employees performing work of a comparable type or in a comparable position, and the monthly salary of the foreigner will not be lower than the minimum wage in Poland. You must also have a certificate from the proper starost, issued after the labor market test. In addition, along with the application for a work permit for a foreigner, as an employer, you must also submit documents such as:

  • application for a work permit;

  • declaration of no criminal record;

  • documents confirming your identity as an employer;

  • a copy of all filled up pages of a valid travel document of the foreigner to whom the application relates or a copy of different valid document confirming their identity;

  • starost's opinion;

  • confirmation of paying the administrative fee

In addition, it is necessary to prepare documents proving that the foreigner meets the qualification requirements and other requirements specified for working in a regulated profession (if it is such a profession), as well as documents proving that the foreign national fulfills the requirements as a job candidate.

 

Permit type B

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Type B work permit applies to foreigners, who are members of management boards of either legal entities registered in the register of entrepreneurs or being a capital company in the organization. It also applies to persons being in control of limited partnerships’ or limited joint-stock partnerships’ cases as a general partner. The type B permit is issued by the voivode, after meeting the requirements by the foreigner.

Such a person must show their income in the tax year preceding the submission of the application, which cannot be lower than twelve multiplied by the average monthly salary in a given voivodeship in the third quarter of the year preceding the submission of the application, and also employ at least 2 employees who are not required to have a work permit, for an indefinite period of time and for a full-time job, during a period of time of at least 1 year preceding the submission of the application.

Moreover, a permit type B applicant must declare that they have the financial resources or conduct activities that will allow meeting the requirements in the future.

To obtain a type B work permit, it is necessary to submit the relevant documents. These are:

  • application for a work permit;
  • declaration of no criminal record;
  • a copy of all filled up pages of a valid travel document of the foreigner to whom the application relates or a copy of different valid document confirming their identity;
  • confirmation of paying the administrative fee;
  • original of the power of attorney
  • a copy of the CIT-8 declaration;
  • documents confirming employment in the year preceding the submission of the application;
  • documents confirming the circumstances referred to in art. 88c paragraph 1. 4 point 2 of the act, if proving these circumstances is the condition of issuing the permit.

In the case of a foreigner, who in the 3 years preceding the submission of the application for a work permit, graduated from a school or university based in the territory of the Republic of Poland, or another EEA country, or the Swiss Confederation; a foreigner, who for the 3 years preceding the submission of the application for a work permit has stayed legally and continuously (within the meaning of Article 195 (4) of the Act of 12 December 2013 on foreigners) in the territory of the Republic of Poland, it is also necessary to provide documents confirming that the foreigner meets these requirements.

The application for a type B permit must also be accompanied by documents showing the current employment status of the position assigned to the foreigner, if the application is for a permit for a period of more than three years.

We encourage you to make an appointment for a consultation - we will be happy to help you with completing the documents and to explain the entire process.

 

Permit type C

he type C permit applies to situations where you plan to post foreign workers from third countries to work in Poland. This permit is necessary if the foreigner is employed in your enterprise, which is registered outside the EU, EEA or Switzerland, and the period of posting to Poland exceeds 30 days in a calendar year. You need a type C permit if you post a foreigner to a branch or a workshop of your company or to an entity related to your company.

Along with the application for a type C work permit, you must also provide:

  • declaration of no criminal record of the employer who posts workers;

  • a document from the relevant register confirming the legal status and form or specifications of the activity conducted by the posting employer;

  • a copy of all filled up pages of a valid travel document of the foreigner to whom the application relates or a copy of different valid document confirming their identity;

  • confirmation of paying the administrative fee;

  • documents confirming the relationship between the posting employer and the entity in Poland to which the foreigner is posted;

  • a letter delegating a foreigner to work - a document containing information about the period of the delegation, salary and position;

  • documents confirming the fulfillment of the qualification requirements and other conditions (in the case of regulated professions).

 

Permit type D

You should apply for a type D work permit when you post a foreigner, who is employed in your company, that office is registered outside the EU, EEA or Switzerland, to Poland in order to provide a temporary and occasional service, i.e. the so-called export service. The condition is also the fact that your company does not have a branch, workshop or other form of an organized activity in the territory of the Republic of Poland.

When you apply for this permit, you must submit an application to the voivode of the region, which is the corporate seat of the entity for which the export service is provided, or to the voivode competent accordingly to the foreigner's main place of work in Poland.

 

Permit type E

An application for a type E work permit has to be submitted when you post a foreign worker to the territory of Poland for a period of time exceeding 30 days within the next 6 months, for a purpose other than those indicated in the type B, C and D permits.

In this situation, an application should also be submitted to the proper voivode, with the set of documents attached.

 

Residence permits

A residence permit in the Republic of Poland is issued in the form of a temporary or a permanent residence permit. You can apply for a temporary residence permit for:

  • work and stay;

  • the blue card;

  • seasonal work;

  • work as a posted worker;

  • running a business in the territory of the Republic of Poland;

  • stay with the family

  • stay of a family member of a Polish citizen;

  • being a student or a graduate of a Polish university, looking for a job;

  • conducting research in a research unit in the territory of the Republic of Poland (or looking for a job after its completion);

  • internship or volunteering.

For permanent residence permit may apply those, who: studied in Poland for over 5 years, are spouses of Polish citizens after at least 3 years of marriage; are victims of human trafficking. Such an application may also be submitted by persons, who have Polish roots or hold a Pole's Card and intend to live in Poland.

 

How to post an employee to Poland from third countries?

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Third countries are countries, other than Switzerland, that do not belong to the European Union and the European Economic Area. In connection to the withdrawal of Great Britain from the European Union on January 1, 2021, Great Britain is also considered as a third country.

If you run your business and your company's seat is located in a third country and you plan to post an employee to the Republic of Poland, in accordance with the commercial law, you must indicate a person residing in the territory of the Republic of Poland, with documents confirming the fulfillment of the obligations imposed on the delegating entity. Such a person acts on behalf of the employer and is authorized to represent him, inter alia, in front of the authorities of The National Labor Inspectorate. The person indicated by you should stay in Poland, and their data should be included in the declaration on the posting of an employee, which should be submitted to The National Labor Inspectorate.

Importantly, foreigners from third countries who are being posted to work in Poland must hold a work permit type C, D or E. The exception is the situation when the employee has a permanent residence abroad and is posted to Poland for a period of time not exceeding 3 months in a calendar year and performs certain activities in the territory of the Republic of Poland. We include among them:

  • assembly, maintenance or repair of delivered devices, structures, machines or other equipment, in a situation where the foreign posting employer is their manufacturer;

  • collection of ordered devices, machines, structures or other equipment made by a Polish entrepreneur;

  • training of employees of a Polish employer who is a recipient of foreign company's products in terms of their handling or use;

  • assembly and disassembly of exhibition stands and their care.

 

How to delegate a foreign worker to other EU countries?

​​If you are an entrepreneur whose registered office or permanent place of running the business is located in Poland and you employ people, you can temporarily assign them to work in the territory of another European Union country as a part of the services provided by your company.

A posted worker may also be a foreigner - a third-country national, provided that they come to Poland and work in Poland legally. You can delegate such an employee to another EU country under the same conditions as a Polish citizen, but some countries require these employees to have a residence permit (e.g. a proper visa) authorizing their work.

When posting an employee, you are obliged to provide them with appropriate conditions, in accordance with applicable law or generally applicable collective agreements in the hosting country.

 

What an A1 is?

The certificate A1 is issued by the Polish Social Insurance Institution. It confirms that you are the subject of the social insurance system of the country that issued such a document and that, therefore, you are not obliged to provide the payment of contributions in another country.

The A1 certificate is issued on request of an employee, employer or a self-employed person. When submitting an application for the A1 certificate, you are obliged to provide ZUS with information, documents or evidence necessary to determine the applicable legislation.

In order for a foreigner who is a third country national to be eligible for obtaining an A1 certificate, they must legally reside in a Member State and move between the Member States in order to conduct an employed or self-employed activity. For this reason, the following should be submitted to ZUS:

  • a document that entitles you to stay in Poland,

  • a document that confirms your tax residence (tax obligation in Poland).

We encourage you to contact our office - we offer legal assistance in matters related to the employment and posting of workers from third countries.

 

Declaration on entrusting work to a foreigner

Submitting a declaration on entrusting work to a foreigner results in the fact that the Poviat Labor Office does not carry out a labor market test, i.e. it does not perform activities aimed at checking whether your company's staffing needs can be satisfied with the local labor market. The use of this procedure significantly speeds up the legalization of employment of a foreigner.

Such a declaration must be submitted before the foreigner starts work - usually the procedure for entering the declaration into the records takes up to 7 days.

If the office enters your declaration into the register, you must:

  • inform the PUP in writing about starting or not starting working by a foreigner - failure to do so may result in getting a fine;

  • sign a contract with a foreigner on the terms specified in the declaration, upon prior presentation of the contract translated into a language they understand;

  • comply with all obligations arising from the entrusting work, same as in the case of Polish workers, as well as obligations connected with the employment of a foreigner.

 

Starost's opinion - labor market test

The starost's information on the local labor market is needed when you plan to hire a foreigner. You can employ a foreigner on the basis of a work permit, in a situation where there are no registered unemployed people on the local labor market that you could hire, and the situation (i.e. labor market test) is examined by the poviat labor office.

If, during the market test, it is not possible to find among the registered unemployed people, who has the appropriate qualifications, anyone who could work for you, the starost will issue an information about the inability of meeting the staffing needs in your company on the local labor market, necessary to obtain a type A permit.

The staroste will issue a refusal if you cannot prove no criminal record, the circumstances indicate that you are submitting a declaration for the sake of appearance or the declaration will be used by the foreigner for a purpose other than the work declared in the declaration, and also if, as the entity entrusting the work, you have not fulfilled the obligations related to running a business or entrusting work, in particular.

The starost's opinion is not needed when:

  • work that is about to be performed by a foreigner is included in the list of shortage occupations, published in the ordinances of voivodes;

  • work to be performed by a foreigner is included in the attachment to the regulation of the Minister of Labor and Social Policy;

  • regards work such as a nursing and taking care of a person or as a domestic help;

  • this is to be a job as a sports coach, athlete, dentist or training doctor;

  • the foreigner is authorized to represent the foreign entrepreneur in his branch or representative office located in Poland;

  • the foreigner is a relative of a diplomatic employee or employee of a branch of an international organization in Poland;

  • the foreigner is a PhD student at one of the Polish universities or has graduated from a university in Poland, another European Union country, Switzerland or an EEA country in the last 3 years;

  • the foreigner has lived in Poland for the period of three years preceding the submitting the application.

The starost's opinion is not required to obtain a work permit also in a situation where the foreigner you plan to employ, in the period directly preceding the submission of the application for a work permit, was employed on an employment contract for a period of at least 3 months with the same employer and in the same position as was reported by means of a declaration on entrusting work to a foreigner (entered in the declaration register).