Hiring employees from abroad has become commonplace for many Polish companies. It’s an excellent way to acquire talent and grow business. However, this process, especially concerning third-country nationals (from outside the EU/EEA/Switzerland), involves navigating a complex system of immigration and labor laws. Although some procedures, like notifying the employment of a Ukrainian covered by the special act, seem simple, mistakes can be costly. So, when is it worth seeking professional legal assistance when hiring foreigners?
Hiring foreigners – A maze of regulations and potential risks
Legalizing the stay and work of a foreigner in Poland requires knowledge of many legal acts – the Act on Foreigners, the Act on Employment Promotion and Labor Market Institutions, the Labor Code, social security regulations, and in some cases, the special act concerning Ukrainian citizens or EU directives (e.g., on the EU Blue Card or posting of workers).
One must remember about:
- Different rules for EU and third-country nationals.
- Various types of work and residence permits (Work permits A-S, declarations, single permits, EU Blue Cards, visas, etc.).
- The necessity to verify the legality of stay and work entitlements.
- Obligations related to contracts, ZUS registration, documentation storage.
- Frequently changing regulations and their interpretations.
Failure to comply with these formalities or errors in the procedure can lead to serious consequences, such as high fines for the employer (even tens of thousands of PLN for illegal entrustment of work), criminal liability, reputational damage, and for the employee – a return decision (deportation) and an entry ban.
When is it particularly worth considering legal assistance?
Although theoretically, any procedure can be attempted independently, there are situations where the support of a lawyer specializing in immigration law is particularly valuable or even essential:
- Hiring a Foreigner for the First Time: Lack of experience increases the risk of making mistakes. A lawyer will guide you through the entire process step-by-step, ensuring everything complies with the law.
- The Candidate’s Legal Situation is Unusual or Complex: E.g., they already hold another residence title, had previous refusals, have other pending proceedings, need a specific type of visa or permit.
- Hiring for Highly Qualified Positions (e.g., EU Blue Card): This procedure has specific, stringent requirements regarding qualifications and salary that need careful verification.
- Need to Obtain a Work Permit Requiring a Labor Market Test: The procedure can be lengthy and requires specific steps with the PUP/Voivode. Legal help can streamline it.
- Posting Workers Abroad: This is a very complex area involving Polish law, EU directives, host country law, and A1 certificates. Professional advice is highly recommended here.
- Large-Scale Hiring of Foreigners: Managing compliance for many employees requires robust processes; a legal audit/support can help establish them.
- Interpretational Doubts: Unclear regulations, recent changes in law (like extensions/modifications of the Special Act), or your situation is non-standard.
- Preparing for Inspections (PIP, Border Guard): Ensuring documentation is complete and correct. Legal support during an actual inspection.
- Legalizing Employee’s Stay (e.g., Residence Permit): Although the employee applies for the residence permit, employer support (Annex No. 1, etc.) is crucial; legal guidance ensures the employer provides correct information.
- Need to Optimize Processes: A law firm can help establish efficient and compliant internal procedures for hiring foreigners.
What kind of assistance can a law firm offer?
A specialized law firm dealing with immigration and labor law offers a wide range of services for employers hiring foreigners:
- Legal Consultancy: Explaining regulations, assessing candidate eligibility, recommending procedures.
- Compliance Audits: Reviewing existing procedures and documentation for compliance with current regulations.
- Documentation Preparation: Drafting employment/mandate contracts (also bilingual), annexes, regulations, and assisting with filling out applications (work permits, Annex No. 1 for residence permits).
- Representation before Authorities: Handling proceedings on behalf of the employer before Voivodeship Offices, District Labor Offices, ZUS, and representing during inspections by PIP or Border Guard.
- Training for HR Departments: Building internal competence of employees responsible for hiring foreigners.
Is legal help just a cost? An investment in security and efficiency
Although legal services involve costs, it’s worth viewing them as an investment. Potential fines for illegal employment, costs associated with delays in obtaining permits, reputational damage, or the time spent independently delving into complex regulations often outweigh the lawyer’s fee. Professional support primarily means:
- Minimization of legal and financial risk.
- Ensuring compliance of actions with the law.
- Speeding up procedures by avoiding formal errors.
- Saving company employees’ time.
- Certainty and peace of mind for management and the HR department.
Scenario: company avoids trouble thanks to consultation
A manufacturing company wanted to quickly hire several workers from Belarus. They planned to use the declaration of entrusting work procedure. However, during a legal consultation, it turned out that the salary proposed by the company was lower than the minimum required for the declaration to be validly registered at that time. The lawyer explained the consequences of submitting such a declaration (risk of registration refusal or later problems during inspection) and recommended either raising the salary to the required level or (if impossible) starting the procedure to obtain a standard Type A work permit. Thanks to the consultation, the company avoided submitting a flawed declaration and potential legal problems.
Conclusion
Hiring foreigners is standard business practice but requires special legal attention. Legal assistance is not always mandatory, but it becomes extremely valuable in non-standard situations, with complex procedures, large-scale employment, or simply when you want to be sure you are acting 100% in accordance with the law and minimizing risk. A proactive approach and consultation with an expert often prove to be the best investment in the security and development of your company.
(Please remember that this article is informational and does not constitute legal advice. Every situation related to hiring foreigners requires individual analysis.)
