Main Forms of Legalizing Foreigners’ Work
The choice of the appropriate procedure depends on the employee’s citizenship, the type of work, and the planned duration of employment. Below, we present key information about the most common forms of work legalization:
Work Permits
- For whom? The standard procedure required for most third-country nationals (from outside the EU/EEA/Switzerland) who will perform work in Poland (other than seasonal work covered by a separate procedure).
- Who initiates? The application is submitted by the employer to the Voivode competent for the company’s headquarters or the place where the work will be performed.
- Key features: There are several types of permits depending on the situation (e.g., for work with a Polish employer, for management board functions, for delegation). The permit is issued for a fixed period (up to 3 years).
- Our assistance: We help determine the correct permit type, compile documents, obtain the Starosta’s information, and represent the employer in proceedings before the Voivode.
Seasonal Work Permits
- For whom? For third-country nationals performing work considered seasonal in specific sectors (mainly agriculture, horticulture, tourism).
- Who initiates? The application is submitted by the employer to the Starosta (via the District Labour Office – PUP) competent for the company’s headquarters.
- Key features: The permit is issued for a period of up to 9 months within a calendar year. The procedure is specific and adapted to the nature of seasonal work.
- Our assistance: We support employers throughout the entire process of obtaining seasonal permits, from application to completing formalities after the employee’s arrival.
Declarations on Entrusting Work
- For whom? A simplified procedure available only for citizens of specific countries (currently including Armenia, Belarus, Georgia, Moldova, Ukraine – list subject to change!). Applies to non-seasonal work.
- Who initiates? The employer registers the declaration at the District Labour Office (PUP) before the foreigner starts work.
- Key features: Allows legal work for a period of up to 24 months. The procedure is faster and less formalized than obtaining a work permit but is limited in time and by nationality.
- Our assistance: We advise whether this path can be used, help correctly complete and register the declaration, and manage deadlines.
Why Is Legal Employment So Important?
Ignoring the regulations on legalizing foreigners’ work entails serious consequences for both the employer (heavy fines, ban on hiring foreigners, criminal liability) and the employee (fine, return decision, entry ban to the Schengen Area). Acting in accordance with the law is an investment in safety and stability.
How Do We Help with Work Legalization? Our Support
We offer comprehensive assistance at every stage of the foreigner’s work legalization process:
- Advising on the most advantageous and fastest employment path (permit vs. declaration).
- Preparing and submitting applications for work permits and seasonal work permits.
- Assisting in the correct registration of declarations on entrusting work.
- Support in obtaining the Starosta’s information (labour market test).
- Representing employers in proceedings before the Voivode, Starosta, and District Labour Offices.
- Conducting audits of the legality of employment within companies.
- Organizing trainings for HR departments and employers.