Declarations on Entrusting Work

Who Can You Hire Based on a Declaration?

The declaration procedure is reserved for employers wishing to hire citizens of countries specified in the current regulation of the Minister of Family and Social Policy. Currently (as of March 2025), these most often include citizens of countries such as Ukraine, Belarus, Moldova, Georgia, or Armenia.

Important: The list of countries and detailed conditions may change. We always verify the current regulations to provide you with legal certainty. This procedure typically applies to non-seasonal work.

Key Features and Limitations of the Declaration Procedure

Before opting for this form of employment, it’s worth knowing its basic principles:

• Selected Nationalities Only: Eligibility is strictly limited to citizens of countries listed in the applicable regulations.
• Limited Work Duration: Work based on a declaration can be performed by the foreigner for the period specified in the declaration, but no longer than 24 months (according to current regulations). After this period, obtaining a standard work permit is usually necessary to continue legal employment or requesting a statement again..
• Registration, Not a Permit: The procedure involves you, the employer, registering the declaration with the District Labour Office (PUP), rather than obtaining an administrative decision (permit) from the Voivode.
• Legal Stay Required: Registering the declaration itself does not legalize the employee’s stay. They must possess a valid visa or residence permit that authorizes them to work based on the declaration.

What Does the Declaration Registration Process Look Like?

The steps you need to take as an employer are as follows:

1. Prepare the Declaration: You fill out the “Declaration on Entrusting Work to a Foreigner” form, providing all required details of your company, the future employee, and the terms of employment (position, salary, working hours, place of work).
2. Submit the Declaration to the PUP: You submit the prepared declaration along with proof of payment of the fee to the District Labour Office relevant to your company’s headquarters or the foreigner’s primary place of work. This can be done online or in person. It must be done before the foreigner’s planned start date.
3. Registration by the Office: The PUP enters the declaration into the register of declarations. The office may refuse entry in specific cases (e.g., if working conditions are clearly unfavorable or the employer has had previous issues with employment legality).
4. Foreigner Starts Work: The employee can legally start work on the date specified in the registered declaration, but not earlier than after the PUP has entered it into the register (or after a specific waiting period for potential refusal, depending on current office procedures).
5. Post-Employment Obligations: You must sign a contract with the employee under terms consistent with the declaration, register them for social security (ZUS), and inform the PUP about the employee starting (or not starting) work within a specified timeframe.

What Information and Documents are Needed for the Declaration?

To complete and submit the declaration, you will mainly need information such as:

• Your company details (name, address, NIP/REGON/KRS numbers).
• Foreigner’s details (name, surname, date of birth, citizenship, passport details).
• Specification of the job position, scope of duties, place of work.
• Proposed gross salary (not lower than the minimum wage).
• Working hours dimension or number of hours per week/month.
• Type of contract (e.g., employment contract, mandate contract).
• Planned period of employment (within the 24-month limit).
• Your declaration regarding no criminal record related to employment matters.

When is a Declaration Insufficient and a Work Permit Needed?

You must apply for a standard work permit (e.g., Type A from the Voivode) when:

• You want to employ the foreigner for a period longer than 24 months.
• The foreigner is not a citizen of a country covered by the declaration procedure.
• The type of work requires a different type of permit (e.g., seasonal work).

A smooth transition from working based on a declaration to working based on a work permit is possible – we can help you plan this process.

Why Use Our Support for the Declaration Procedure?

By choosing our Law Firm, you gain:

• Accuracy Assurance: We guarantee the correct completion of the declaration and compliance with current legal requirements.
• Time Savings: We handle the formalities with the PUP, allowing you to focus on recruitment and your business.
• Error Avoidance: We minimize the risk of the office refusing to register the declaration.
• Strategic Advice: We advise when the declaration procedure is best and when it’s better to apply directly for a work permit.
• Support for Next Steps: We assist in transitioning to a work permit as the declaration limit approaches.