Remote work (praca zdalna) is becoming increasingly common in Poland. However, hiring an employee for remote work requires compliance with specific legal procedures that differ from standard on-site employment. Let’s review the main steps for hiring both Polish citizens and foreigners for remote work in a Polish company.
Hiring a Polish Citizen for Remote Work
The process of hiring for remote work mainly involves amending an existing employment contract (umowa o pracę) or concluding an additional agreement (aneks do umowy o pracę). The main stages are:
1. Agreeing on Conditions
The employee and employer must agree on the following aspects of remote work:
- Place of Work: The location where the employee will perform their duties must be clearly defined (e.g., a specific address).
- Equipment and Communication Tools: Who provides the necessary equipment (computer, internet) and who is responsible for its maintenance?
- Working Hours: Define the work schedule and the method of monitoring compliance.
- Cost Compensation: The employer may compensate the employee for costs related to remote work (e.g., internet, electricity).
- Work Performance Monitoring: Establish methods and tools for monitoring the employee’s performance.
- Personal Data Processing: This is especially important if the work involves processing sensitive customer data.
2. Annex to the Contract or Amendment
All agreed-upon points must be documented in writing as an annex to the employment contract (aneks) or by amending the contract itself. The document must be signed by both parties.
Required Documents:
- The existing employment contract (umowa o pracę).
- The annex (aneks do umowy o pracę) or the amended employment contract.
Hiring a Foreigner for Remote Work
Hiring a foreigner for remote work in a Polish company requires additional steps related to visas and permits.
1. Work Permit (Zezwolenie na pracę)
A foreign citizen (non-EU/EEA) must have a Polish work permit, even if they will be working remotely from outside Poland for a Polish company. The employer must apply for this permit.
2. Legal Stay
If the foreigner will be physically working within Poland, they must have a document that legalizes their stay, such as a work visa or a residence permit (karta pobytu).
3. Additional Documents for Legalization:
- Passport or other identification document.
- Documents confirming education and qualifications.
- Proof of accommodation in Poland (for a residence permit).
- Health insurance.
IMPORTANT! The procedure for obtaining a work permit for a foreigner can be time-consuming. Therefore, the employer should start this process well in advance.
Conclusions and Recommendations
Hiring an employee, whether a Polish citizen or a foreigner, for remote work requires strict adherence to legal regulations. It is necessary to carefully agree on all working conditions, document them in writing, and ensure all required procedures are followed. If in doubt, we always recommend seeking assistance from qualified professionals.
If you would like more information or have any questions, please contact our managers for a prompt consultation: office@progressholding.pl
