Interest in hiring qualified employees from countries such as India, Iran, or Turkey is constantly growing in the Polish labor market. However, the process of legalizing their employment differs from procedures applicable to EU citizens or citizens of countries with simplified access to the labor market (like Ukraine). As an employer, you must be aware of the specific requirements. This step-by-step guide will explain how to legally hire a citizen of India, Iran, or Turkey in Poland.
Key assumption: third-country nationals without simplifications
Citizens of India, Iran, and Turkey belong to the group of so-called third-country nationals. Importantly, they are not covered by the simplified employment procedure based on the declaration of entrusting work (oświadczenie), which applies only to citizens of a few selected countries (like Ukraine, Armenia, or Georgia).
This means that to legally hire an employee from India, Iran, or Turkey, as a rule, you must go through the standard procedure of obtaining a work permit (zezwolenie na pracę), and the employee must hold an appropriate residence title (usually a national visa obtained based on this permit).
Step 1: work permit – Employer’s main responsibility
The first and crucial step, which lies on your side as the employer, is obtaining a work permit for the future employee.
- Type of Permit: In most cases, this will be a work permit for the Polish entity commissioning the work. It is intended for a foreigner performing work in the territory of Poland based on a contract with an employer whose registered office is in Poland.
- Who Applies and Where: You, as the employer (or a person authorized by you), submit the application to the Voivode competent for your registered office or the place where the foreigner will perform work.
- Work Permit Application: You attach documents such as proof of payment, company documents, copy of the foreigner’s passport, documents confirming the candidate meets the qualification requirements.
- Waiting Time: The procedure for issuing a work permit can take from one to even several months, so act well in advance!
Step 2: National Visa (Type D) – foreigner’s responsibility
After the Voivode issues a positive decision and you receive the original work permit, you must forward it to the future employee. This document is crucial for them to apply for a national visa type D (for the purpose of work) at the Polish consulate in their country of residence (India, Iran, or Turkey).
- Employer’s Role: Your task is to provide the employee with the original work permit. You can also support them by providing additional documents, e.g., a promise of employment or information about accommodation.
- Purpose of the Visa: The national visa will allow the foreigner to legally enter Poland and stay to commence work according to the conditions specified in the permit.
Step 3: arrival in Poland and initial formalities
Once the employee arrives in Poland based on a valid visa and work permit, you must fulfill further obligations:
- Signing the Contract: Conclude a contract (employment or civil law) with the employee in writing, in a form understandable to them (provide a translation). The terms of the contract (position, salary, working hours, etc.) must comply with the conditions specified in the work permit.
- Registering with ZUS: Register the employee for social and health insurance with ZUS within 7 days of starting work.
- Other Formalities: Refer the employee for an initial medical examination, conduct OHS training.
Step 4 (optional/common): temporary residence and work permit (single permit)
A national visa is issued for a maximum of one year. If you plan to employ a worker from India, Iran, or Turkey for longer, they should apply in Poland for a temporary residence and work permit (single permit) before the visa expires.
- Procedure: As described in the previous article – the foreigner applies to the Voivode, and you, as the employer, provide them with Annex No. 1.
- Benefit: After obtaining this permit (and the residence card), it legalizes both their stay and work for you, replacing the visa and the initial work permit.
Scenario: hiring an engineer from Turkey
- A Polish company recruits an engineer from Turkey.
- The company applies for a Type A work permit to the Voivode.
- After about 1.5 months, the company receives the original permit and sends it to the engineer in Turkey.
- The engineer, with the permit, goes to the Polish consulate and applies for a national visa D for the purpose of work. Receives a visa valid for 1 year.
- The engineer arrives in Poland. The company signs a contract with him consistent with the permit (in Polish and English), registers him with ZUS.
- After about 9 months of stay, the engineer (with the employer’s support – Annex No. 1) applies for a temporary residence and work permit to legally stay and work in Poland longer than a year.
Employer’s most important obligations – Summary
- Obtain the work permit for the foreigner before work commences.
- Provide the original permit to the employee for visa purposes.
- Verify the validity of the visa or residence card upon the employee’s arrival.
- Sign a written contract consistent with the permit’s conditions, in an understandable language.
- Register the employee with ZUS.
- Store copies of residence documents and the work permit.
- Cooperate with the employee in applying for a temporary residence and work permit (provide Annex No. 1).
How can we facilitate the hiring process from India, Iran, or Turkey?
The standard procedure for obtaining a work permit, especially with the requirement of a labor market test, can be time-consuming and requires knowledge of regulations. Our law firm specializes in supporting employers in this process:
- We prepare and submit work permit applications to the Voivode.
- We monitor the progress of the proceedings and communicate with the office.
- We advise on the documents needed by the employee to obtain a visa.
- We support employers and employees in the process of obtaining a temporary residence and work permit (single permit).
Hiring specialists from India, Iran, or Turkey can be a great asset to your company. However, the key is to conduct the legalization procedure for their work and stay efficiently and in accordance with the law. Contact us to get professional support.
(Please remember that the information contained in this article is general in nature. Employment conditions and procedures may vary depending on the individual situation of the employee and employer and possible changes in regulations. Always consult official sources or legal experts.)
