Work permit in Poland

Work permit in Poland

In order to legally work and live in Poland, you need to obtain a work visa. This does not apply to EU citizens who can stay and work in Poland without additional permits. For other categories of foreigners, in order to obtain a work visa, you must first obtain a work permit in Poland. For this, the employer obtains an official permit to employ a foreigner.

Even if you came to Poland without a visa, getting a work permit will be a necessary step, because official employment has a number of significant advantages:

 

  • The right to seek their rights before the authorities.
  • Guaranteed payment of wages or receiving compensation
  • Getting free medical services and visiting doctors
  • Sick leave payment
  • Injury compensation
  • Receiving a pension

 

Work permits

In order to hire a foreign citizen in a Polish company, you need to obtain a work permit in Poland:

 

  1. Oświadczenie (Oświadczenie o zamiarze powierzenia pracy cudzoziemcowi) or application is a simplified procedure. This procedure is applied only to citizens of Armenia, Belarus, Georgia, Moldova, Russia, Ukraine only.
  • Fee – PLN 30
  • Processing time from 7 to 30 days
  • Form for submission of documents and obtaining permission – electronic
  • Required documents – described below

 

  1. Zezwolenie na prace (provincial invitation) – standard procedure
  • Fee – PLN 100, type A and B
  • The processing time is from 30 days to several months
  • Form for submission of documents and obtaining permission – in paper form
  • Required documents – described below

 

Oświadczenie (application), it is also a work permit in Poland for citizens of Ukraine, Russia, Belarus, Armenia, Georgia and Moldova only. Allows citizens of these countries to work without doing  Zezwolenie na prace. This permit gives the right to stay and work in Poland for no more than 6 months (180 days) a year, i.e. after 6 months, the foreigner will have to go home and return after six months. For work in the agricultural sector, the term is increased to 9 months.

On the basis of this document, the employer can conclude the following types of contracts with foreigners – umowa o pracę (employment contract), umowa zlecenie (assignment agreements) or umowa o dzieło (contractual work). This application must be registered at the labor exchange before the start of work of the foreigner.

Deal of assignment and employment contract are the most common methods of hiring employees.

Although identical services can be provided on the basis of an employment contract and an assignment contract, there are several fundamental differences between the above forms of employment:

 

Employment contract

  • describes in detail the procedure and terms of termination;
  • the employee is obliged to fulfill certain obligations at a certain place and at a certain time;
  • The employee cannot waive the right to payment;
  • there is an employment relationship between the parties;
  • the conclusion of an employment contract instead of a commission contract does not entail negative legal consequences for the employer;
  • the parties to the contract are the employee and the employer;
  • the employee is obliged to do the work personally and follow the instructions of the employer;
  • the main part of the payment is made monthly;
  • it must be in writing;
  • it can only be concluded with an individual;
  • the employee voluntarily submits to the employer;
  • a person who has entered into an employment contract is subject to mandatory social and health insurance.

 

Assignment agreement

  • there are civil law relations between the parties;
  • the parties to the contract are the contractors and the customer (contractor and customer);
  • can be in any form – orally, in writing or indirectly;
  • if the contract of order is concluded for a period of more than one month, the remuneration must be paid at least once a month;
  • the conclusion of a commission agreement instead of an employment agreement is a violation of the employee’s rights and is subject to a fine;
  • the customer and the customer are equal persons;
  • it can be paid or free;
  • the employee is not obliged to perform the specified duties in the specified place and at the specified time;
  • can be terminated at any time;
  • can be provided by various persons, including legal entities and other persons without legal personality;
  • As a rule, the person taking the order must carry out the work personally. However, in certain cases, he can, with the client’s consent, transfer the service to another person, which gives the client a full guarantee that the work will be completed on time. The person taking the order is responsible for choosing a replacement;
  • the person placing the order is subject to social insurance if it does not meet the conditions clearly set out in the ZUS Insurance Law,

 

If this document is drawn up correctly, it allows you to apply for a work visa to enter the territory of Poland, or start the procedure for producing a temporary residence card based on employment.

The term for consideration of this application is from 7 to 30 days. In this case, Powiatowy Urząd Pracy, the local employment office, is in charge of issuing work permits to foreign citizens. It is always drawn up if the period of stay of the robot in Poland has not expired, i.e. is equal to 180 days.

 

Zezwolenie na prace is a document entitling a foreigner to work in Poland up to 3 years. The future employer registers this document with the provincial office at the place of residence, or the location of the company. In order to obtain such a work permit in Poland, the employer will need to attach to the application a certificate stating that there are no applicants for this vacancy among local residents.

This document must contain the details of the employer, the position of the employee and the type of work that he must perform, as well as all the conditions of his employment. A foreigner must perform only the work indicated in the invitation. Carrying out other duties in the company that are not prescribed in the permit will be a serious violation and will be punishable by expulsion from the country.

The amount of remuneration specified in the contract cannot be lower than the remuneration of other employees who perform similar work. If a foreigner is accepted on the basis of a full-time employment contract, the salary must not be lower than the minimum.

This permit is issued in three copies, one remains with the employer, the second is given to the foreign employee.

A voivodeship permit is issued for up to 18 months (1.5 years) or up to 3 years (Umowa o Prace). The term of consideration is from 30 days. Urząd wojewodzki is in charge of issuing work permits to foreign citizens.

 

IMPORTANT! If a foreigner changes work and employer, then in this case a new work permit in Poland is required!

IMPORTANT! Any work permit in Poland is not a guarantee of obtaining a work visa, i.e. the consul who issues the visa and the border guards have an unlimited right to refuse entry. But practice shows that in 99% of cases they do not interfere.

 

“How to get a card in Poland?”

This everyday phrase usually means obtaining a work permit, and a residence permit in Poland, type A. “Can you issue a card in Poland?” – usually this question is asked by clients who are interested in obtaining a residence permit and obtaining a work permit. But you need to know that the card itself is only a plastic attachment (supplement, so to speak) to the permit to stay and work in Poland.

 

Types of work permits

Work permits in Poland, the same as Zezwolenie na prace, are of the following types:

  • Type A – a foreigner works in Poland in a company also located in Poland on the basis of an employment contract.
  • Type B – a foreigner who is in Poland for more than six months during the year and at the same time is a member of the board or is a member of the board of directors (Zarząd), i.e. performs functions on the board of the company.
  • Type C – a foreigner is sent on a business trip to a branch of a foreign company, which is located in Poland and has been there for more than 30 days.
  • Type D – a foreigner works for a foreign company that does not have a branch in Poland, but is on a business trip on its territory.
  • Type E – a foreigner works in a foreign company and is sent to Poland for a period of more than 3 months (if types A-D are not suitable).

 

The process of obtaining a work permit in Poland itself must be initiated by the employer. All issues related to the issuance of a permit are considered by the voivode of the district, where the foreigner will subsequently be employed. In the process of obtaining a permit, the applicant may be invited for an interview in the voivodeship to provide additional information.

 

IMPORTANT! Difficulties in obtaining a residence card for directors and founders

This is an important point. An ordinary ordinary employee or founder receives a type A work permit, and a manager must obtain a type B work permit – it is more difficult to process. The fact that you are a founder does not give you the special advantages that come with obtaining a work permit in Poland. But for the management, if you are, for example, on the board of directors (Zarząd), the requirements for obtaining a work permit will be great. We will describe the necessary conditions below.

 

Registration of a work permit in Poland

Let’s take a closer look at the conditions and a list of necessary documents that may be required for obtaining work permits in Poland for types A and B.

Type A

An application for a type A work permit applies to a foreigner performing work in Poland on the basis of an agreement with a legal entity whose registered office or place of residence, branch, company or other form of organized activity is located in Poland.

List of documents:

  • application for a work permit in Poland
  • statement of no criminal record from the employer or a person acting on his behalf
  • company contract – must be attached if the person entrusting work to a foreigner is a limited liability company in an organization or a civil partnership or a notary deed on the establishment of a company – if the person entrusting work to a foreigner is a joint stock company in an organization
  • a copy of all completed pages of a valid travel document of a foreigner
  • documents confirming that the foreigner meets the requirements for job seekers
  • documents drawn up in a foreign language, with the exception of identity cards or travel documents used as evidence in the authorization procedure, must be submitted together with their translation into Polish by a sworn Polish translator
  • confirmation of payment of the application
  • documents confirming the fulfillment of qualification requirements and other conditions necessary to perform work in a regulated profession
  • original power of attorney / permission (if the employer does not submit an application in person)

The documents must be signed by an authorized person. Copies of documents must be attached to the application, but their originals must be provided (does not apply to copies of a foreigner’s passport).

Instead of the original document, a party may provide a copy of the document if its compliance with the original has been certified by a notary or a representative of the party acting as an attorney, legal adviser, patent attorney or tax advisor.

 

Type B

Application for a work permit type B. Applies to a foreigner performing work that consists in performing functions on the board of a legal entity that is entered in the register of entrepreneurs.

List of documents:

  • application for a work permit in Poland
  • statement of no criminal record from the employer or a person acting on his behalf
  • a copy of all completed pages of the valid travel document of the foreigner to whom the application relates
  • confirmation of payment of the application
  • a copy of the statement on the amount of income received or loss incurred by the person who entrusted the work to the taxpayer of corporate income tax in the tax year preceding the filing of the application (CIT 8)
  • documents confirming employment status for the year preceding the application
  • bank statement of funds in the company’s account, contracts confirming the company’s investments, invoices for purchased goods, a detailed business plan and other documents confirming the conduct of activities that promote investment growth, technology transfer, the introduction of useful innovations or job creation
  • information about the current status of employment in the organization that entrusts the work to a foreigner if the party applies for a permit for a period of more than 3 years;
  • original power of attorney / permission (if the employer does not submit an application in person)

 

Copies of documents must be attached to the application, but their originals must be provided (does not apply to copies of a foreigner’s passport);

Instead of the original document, a party may provide a copy of the document if its compliance with the original has been certified by a notary or a representative of the party acting as an attorney, legal adviser, patent attorney or tax advisor.

 

More information on the conditions and the list of documents for obtaining work permits for foreign citizens in Poland can be viewed on the state portal of Poland by following the link https://www.gov.pl/

 

Who can work in Poland without a permit

Without a permit in Poland, citizens of the states belonging to the EU zone and a number of other categories have the right to work, these include:

  • Pole Card Holders
  • Students, if they are employed for a period not exceeding 90 days a year
  • News agency staff
  • Clerics
  • Scientists visiting Poland and participating in scientific conferences
  • Refugees
  • Employees of various NATO structures
  • Employees on a business trip for a period not exceeding 3 months a year

 

Categories of citizens to whom a permit is issued without consideration of the case

For some categories of citizens, a permit can be issued immediately upon arrival in Poland. These include:

  • Entrepreneurs who have or have opened a company or a company representative office in Poland
  • Diplomats and their families
  • Personnel serving the embassies of other countries in Poland
  • Doctors undergoing training in Poland

 

When a work permit can be issued automatically

A document giving the right to work in Poland can be given automatically when a foreigner acquires a specific status. This happens in the following cases:

  • Family reunification. If one of the spouses has a residence permit in Poland, the other spouse receives a residence permit automatically with the right to work in the country
  • Full-time studies at universities in Poland. All students of Polish higher education institutions receive a work permit automatically
  • Permanent official term of work in Poland for over 3 years. The permit is obtained by the employee without reference to the employer and workplace
  • After the expiration of the work invitation for 3 months. A permit is issued to work in a specific company and to perform certain work and if there is an agreement with the employer for a period of 1 year
  • A foreign citizen has a residence permit status. In this case, the employer can apply for a permit. In this case, a certificate may be required that there are no local candidates for the position in question.