Change of employer and work permit – How not to break the law

Changing jobs is a natural part of professional development. However, for foreigners working in Poland based on a work permit or similar documents, this process involves additional formalities. Starting work with a new employer without completing the appropriate procedures can be considered illegal work, with all the negative consequences. So, how can you legally change employers while holding a work permit?

The key rule: permit tied to the employer

The fundamental thing to understand is that a standard work permit issued by the Voivode, as well as a declaration of entrusting work (oświadczenie) registered at the District Labor Office, are strictly linked to the specific employer who applied for or submitted them.

This means these documents authorize you to perform work:

• Only for that employer who is indicated in the permit/declaration.
• Usually in a specific position or type of work.
• Under the conditions (e.g., salary, working hours) specified in the permit/declaration.

Important: A standard work permit or declaration does not automatically transfer to a new employer when you change companies.

Changing employer = need for a new permit (as a rule)

The general rule is simple: if you want to change employers and your right to work stemmed from a standard work permit or declaration, your new employer must obtain a new, separate work permit for you (or register a new declaration, if you meet the conditions for that procedure).

The procedure for obtaining a new permit by the new employer mirrors the initial one:

1. The new employer verifies your right to legally stay in Poland.
2. The new employer applies for a work permit to the Voivode, attaching the required documents.
3. You can legally start working for the new employer only after the Voivode issues a new work permit for you based on the new employer’s application (or after a new declaration is registered at the PUP).

What about holders of a single permit (temporary residence and work)?

The situation is slightly different if you hold a temporary residence and work permit (so-called single permit). This document is also linked to a specific employer and working conditions specified in the Voivode’s decision.

If you want to change employers while holding a single permit, you do not need to obtain an entirely new work permit. However, a change to the single permit decision is necessary.

• Change Procedure: You (as the foreigner) apply to the Voivode to change your current single permit. You must attach, among other things, Annex No. 1 completed by the new employer.
• Starting work with the new employer: The rules regarding when you can start working for the new employer during the single permit change procedure can be complex. Generally, after submitting a complete application for a change of decision and notifying the Voivode of the intention to start work for the new employer (often by attaching a statement to the application), you might be able to start earlier. However, due to potential interpretational differences and risks, the safest approach is usually to wait for the formal decision changing the permit or obtain explicit confirmation from the office. It is always advisable to consult this matter individually.

When is a new permit NOT needed? (access to the labor market)

There is a group of foreigners who have the right to work in Poland independent of a specific employer. Their residence status itself grants them free access to the Polish labor market. In their case, changing employers does not require obtaining a new work permit or changing the residence decision regarding work. This group includes, among others:

• Holders of a permanent residence permit.
• Holders of an EU long-term resident permit.
• Spouses of Polish citizens (holding a temporary residence permit issued on this basis).
• Graduates of Polish full-time university studies or upper-secondary schools.
• Holders of a valid Pole’s Card (Karta Polaka).
• Persons with international protection in Poland (refugee status, subsidiary protection).
• Citizens of Ukraine covered by the Special Act (they can also change employers without a new permit, provided the new employer notifies the PUP within 14 days of starting work).

If you belong to one of these groups, the new employer only needs to complete standard formalities (contract, ZUS registration).

Procedure for changing employer step-by-step (when new permit / single permit change is required)

1. Find a new employer and agree on employment terms.
2. Check your status: Determine if you need a new permit/change of single permit, or if you have free access to the labor market.
3. If you need a new permit: Your new employer initiates the procedure – applies for a work permit to the Voivode (possibly preceded by a labor market test).
4. If you need to change your single permit: You (with the support of the new employer – Annex No. 1) apply to the Voivode to change the decision.
5. Terminate the employment relationship with your current employer according to the contract terms or notice period.
6. Start working for the new employer ONLY AFTER:
   • Receiving the new work permit issued upon the new employer’s application, OR
   • The new declaration is registered by the new employer (if applicable), OR
   • Completing the formalities related to changing the single permit (submitting the application and notifying the office; however, waiting for the decision or confirmation is recommended).
7. The new employer signs a contract with you and registers you with ZUS.

The risk of working illegally (“na czarno”) for a new employer

Starting work with a new employer before obtaining the required permit or completing the formalities related to changing the single permit is treated as illegal performance of work. The consequences can be severe:

• For you (the foreigner): A fine, and in extreme cases, a return decision (deportation) and an entry ban to Poland and the Schengen area.
• For the new employer: High financial penalties for illegally entrusting work to a foreigner.

The story of ivan: the trap of changing too quickly

Ivan was legally working for Company A based on a work permit. He received a more attractive offer from Company B. He resigned from Company A and almost immediately started working for Company B, assuming his permit was generally valid. Company B delayed applying for a new permit for Ivan. During a Border Guard inspection, it was discovered that Ivan was working illegally for Company B. The result? Proceedings for Ivan’s return obligation and a hefty fine for Company B. This situation could have been avoided if Ivan had waited to start the new job until the new permit was issued by the Voivode.

How can we help in the employer change process?

We understand that the process of a foreigner changing employers requires attention and knowledge of the regulations. Our law firm offers support to both employees and new employers:

• We help determine which procedure is required in a given case (new permit, change of single permit, no requirement).
• We support employers in the process of obtaining new work permits (including the labor market test issue).
• We assist foreigners in preparing and submitting applications to change a single permit.
• We ensure that the transition to a new employer occurs smoothly and legally.

Changing jobs is a step forward, but make sure you do it legally. Always verify your status and permit requirements before starting work with a new employer. If you have doubts, contact us – we will help you navigate the regulations safely.

(Please remember that the information contained in this article is general in nature and does not constitute legal advice. Each situation should be analyzed individually based on current regulations and the documents held by the foreigner.)