How to get permission to work on type A and how an employee from Ukraine can work on the basis of a declaration of intent to entrust work.

25.04.2019

[vc_row][vc_column][vc_column_text]Polish entrepreneurs may legally employ workers from Ukraine, but this requires legal authorization. The basic condition is the requirement to have the right to stay on the territory of Poland (temporary residence permit or visa). There are then two options for employing workers from Ukraine:

– on the basis of a declaration of intention to entrust work

– on the basis of a work permit type A

Employment on the basis of a declaration of intention to entrust work:

Employment on this basis applies to citizens of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine performing work for a period not exceeding 6 months in the next 12 months, irrespective of the number of entities entrusting them with work, on the basis of a contract concluded in writing, if by the foreigner’s work, the county labor office, competent for the place of permanent residence or registered office of the entity entrusting the work, registered a written statement of this entity about the intention to entrust work to the foreigner, specifying the name of the profession, place of work, start date and period of work, type the contract constituting the basis for the performance of the work and gross remuneration for work, informing about the inability to meet staffing needs based on the local labor market and familiarizing with the provisions related to the stay and work of foreigners.

Who submits the documents:

A statement on entrusting work to a foreigner is submitted by the entity entrusting the work (or a person authorized in writing to do so)

Where to submit documents:

County Labor Office competent for the seat or place of permanent residence of the entity entrusting the work to a foreigner.

Through the website www.praca.gov.pl

Conditions for entry in the record of statements:

the foreign national is a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine, and
the foreigner’s job is not related to the activity specified in the Regulation of the Minister of Family, Labor and Social Policy of 8 December 2017 regarding subclasses of activity according to the Polish Classification of Activities (PKD), in which seasonal work permits are issued to the foreigner (Journal of Laws 2017, item 2348), and
the period of performing the work indicated in the declaration of entrusting work to a foreigner and the periods of work performed on the basis of statements entered in the record of statements total not more than 6 months in the next 12 months regardless of the number of entities entrusting this work.

Necessary documents to be submitted:

1.	Declaration on entrusting work to a foreigner Annex No. 17
2.	a valid ID card or a valid travel document, or, if no such document is available and cannot obtain it, another valid document confirming the identity – in the case where the entity entrusting the work to a foreigner is a natural person;
3.	a copy of all completed pages of the valid travel document of the alien concerned by the application, and if the foreigner does not have a valid travel document and is not able to obtain it – a copy of another valid document confirming his / her identity; on the other hand, if the foreigner does not reside on the territory of the Republic of Poland – a copy of the pages of the travel document with personal data of the foreigner;
4.	proof of payment for making a statement;
5.	declaration of the entity entrusting the work to a foreigner regarding the circumstances referred to in art. 88z par. 5 points 1-6 of the Act of 20 April 2004 on the promotion of employment and labor market institutions (Annex 18 to the Regulation on the issue of work permit for a foreigner and entry of a statement on entrusting work to a foreigner in the record of statements).
6.	in the case of a business entity – entry in the National Court Register or entry in CEIDG;
7.	in the case of a civil partnership, an agreement on the conclusion of a civil partnership, in the case of a company in an organization, a partnership agreement with the act of establishing a company in an organization
8.	in the case of people running a farm – a copy of a certificate of being subject to insurance at KRUS, a certificate from the Commune Office on the physical and conversion area of a farm or other document confirming ownership of a farm;
9.	in the case of entities running an employment agency, additionally an entry in the National Register of Employment Agencies;

How much is it:

The cost of entry in the register is 30 PLN. Fees should be paid before submitting the application to the bank account of the County Labor Office, competent for the seat or place of permanent residence of the entity entrusting the work to a foreigner.

Proof of payment should include:

name of the entity making the payment (name of the entity / name and surname, as well as the address of the registered office / place of residence of the permanent employer);
title of payment (submission of a declaration on entrusting work to a foreigner and data of a foreigner – name and surname of the foreigner for whom the declaration is made, together with the date of birth).

Note: If you make statements for several employees, you must make a separate payment for each employee

How long will it take:

County Labor Office makes an entry of a statement on entrusting work to a foreigner in the register of statements or refuses by entering a declaration in the record of statements within 7 working days from the date of receipt of the statement.

County Labor Office conducts explanatory proceedings in the case of submitting:

incomplete statement, or
lack of required attachments.

The matter requiring explanatory proceedings should be dealt with not later than within 30 days.

After the entry in the register, the employer notifies the relevant County Labor Office in writing about:

starting work by a foreigner at the latest on the day of starting work;
failure to work by a foreigner within 7 days from the date of commencement of work specified in the records of declarations.
The completed notification should be:

– submit at the office of the Office

– send by post

– send by e-mail in the form of a scan

The entity entrusting the work to a foreigner is required to request him to present before the start of work and sign the contract with a valid document entitling him to stay in Poland and keep a copy of this document throughout the period of work.

The entity entrusting the work to a foreigner is obliged to conclude a contract with the foreigner in writing, taking into account the conditions declared in the statement, and earlier present its translation into a language comprehensible to the foreigner, and also to report the foreigner to social security if it results from the form of employment.

In the event that the foreigner finishes his work, it is worth informing the employment office, otherwise the period of validity of the declaration will be accepted as the period of work. Information at the employment office can be submitted by both the employer and the foreigner.

Employment on the basis of a type A permit:

Zezwolenie typu A jest wydawane dla cudzoziemca wykonującego pracę na terytorium Polski, na podstawie umowy z podmiotem, którego:

headquarters
place of residence
a branch, plant or other form of organized activity is located on the territory of Poland

Who submits the documents:

The employer applies for a work permit for a foreigner.

Where to submit documents:

The Voivodship Office having jurisdiction over the registered office or place of permanent residence of the entity entrusting the work to a foreigner.

Through the website www.praca.gov.pl

Necessary documents to be submitted:

1.	an application for a work permit for a foreigner
2.	kopię dokumentu podróży cudzoziemca, którego dotyczy wniosek
3.	copies of documents confirming the circumstances on which the permit is to be issued
4.	in the case when the employer does not submit the application in person – the original of the power of attorney or authorization for the applicant
5.	kopię dowodu wniesienia wpłaty za wydanie zezwolenia
6.	a statement made under penalty of criminal liability
7.	documents confirming the identity of the applicant when the employer is: • a legal entity – a copy of the National Court Register (KRS) or other appropriate register should be provided, containing current data as of the day of submitting the application • a natural person – a copy of his ID or a copy of completed pages with details from his travel document should be provided • a limited liability company (sp. Z o.o.) in the organization, a copy of the articles of association should be provided • a joint-stock company (SA) in the organization, copies of the notarial deeds on the formation of the company should be provided
8.	information from the foreman, issued not earlier than 180 days before the date of submitting the application, and in cases justified by him – 90 days before the date of submitting the application (if it is required).

How much is it:

Fee for issuing a permit

50 PLN – when you entrust work to a foreigner for up to three months
100 PLN – when you entrust work to a foreigner for more than 3 months

The fees should be paid to the account of the voivodship office to which you apply for the permit (the account number can be found on the office’s website).

How long will it take:

In practice, the procedure takes several months. In justified cases, it may be extended to 2 months (in which case the employer will be informed of this fact).

After issuing the permit, the employer notifies the competent Voivodship Office in writing about the following circumstances:

the foreigner has started work of a different nature or in a different position than specified in the work permit
there has been a change in the registered office or place of residence, name or legal form of the entity entrusting the foreigner with the job or taking over the workplace or part of it by another employer
the work place or part thereof has been transferred to another employer
the person representing the employer has changed
the foreigner did not take up employment within 3 months from the initial date of validity of the work permit
the foreigner has stopped working for a period exceeding 3 months
the foreigner finished work earlier than 3 months before the expiry of the work permit

[/vc_column_text][/vc_column][/vc_row]

Jan Kowalski
Administrator

25.04.2019