Hiring foreigners is becoming increasingly common in the Polish labor market. It’s an opportunity to acquire qualified specialists and fill staffing gaps. However, this process involves strictly defined legal requirements, failure to comply with which can result in serious consequences for the employer. How to legally hire an employee from abroad? This step-by-step guide will explain the key procedures and employer obligations.
Who is subject to special employment procedures?
The rules for hiring foreigners in Poland differ depending on their country of origin:
- Citizens of EU/EEA/Switzerland and their family members: As a rule, they can take up employment in Poland without needing a work permit, under the same conditions as Polish citizens. For stays longer than 3 months, they should register their stay at the provincial office (urząd wojewódzki).
- Third-Country Nationals (from outside EU/EEA/Switzerland): They are the subject of most special procedures. To work legally in Poland, they usually need two key elements:
- A legal residence title in Poland (e.g., an appropriate visa or residence permit).
- A document legalizing their work (most often a work permit or a declaration of entrusting work).
Most common forms of legalizing work for third-country nationals
There are several pathways to legally employ a third-country national. The two most popular are:
1. Work Permit (Zezwolenie na Pracę):
- When is it needed? This is the standard form of work legalization for most third-country nationals, especially for longer-term employment.
- Who applies? The Employer. You, as the company, apply for a permit for a specific foreigner for a specific position.
- Where? To the Voivode (wojewoda) competent for the employer’s registered office or the place of work.
- Types of Permits: There are several types depending on the nature of the work and the foreigner’s status. Type A is the most frequently encountered.
2. Declaration of Entrusting Work to a Foreigner (Oświadczenie o Powierzeniu Wykonywania Pracy Cudzoziemcowi):
- For whom? A simplified procedure currently available for citizens of Armenia, Belarus, Georgia, Moldova, and Ukraine.
- Purpose: Allows legal performance of non-seasonal work for up to 24 months without needing a work permit.
- Who submits and where? The Employer submits the declaration to the District Labor Office (PUP) competent for the company’s registered office or the place of work, before the foreigner starts working. The office registers the declaration.
- Conditions: Work must be performed under the conditions specified in the declaration (position, remuneration not lower than the minimum wage or comparable for the position).
Important Exceptions – When a Permit/Declaration is NOT Required?
There is a group of foreigners who can work in Poland without needing a work permit or a declaration. These include, among others:
- Holders of a permanent residence permit in Poland.
- Holders of an EU long-term resident permit in Poland.
- Spouses of Polish citizens holding a temporary residence permit based on marriage.
- Holders of the Pole’s Card (Karta Polaka).
- Graduates of Polish upper-secondary schools and full-time university studies in Poland.
- Persons granted refugee status or subsidiary protection in Poland.
- Holders of certain visas (e.g., with the annotation “Poland. Business Harbour”).
Key steps and employer’s obligations – Your checklist
Legally hiring a foreigner is a process that requires specific actions from you, the employer:
- Verify the Foreigner’s Residence Status: Ensure the candidate resides or will reside in Poland legally (has a valid visa or residence card authorizing employment). Ask to see the document and keep a copy.
- Obtain the Work Authorization Document: Apply for the appropriate work permit or register the declaration with the PUP before allowing the foreigner to work.
- Sign a Written Contract: Conclude an employment contract or a civil law contract (e.g., contract of mandate) with the foreigner in writing. Before signing, provide a translation into a language understood by the employee. The terms of the contract (position, salary, working hours) must match those specified in the permit or declaration.
- Register with ZUS: Register the employee (under both employment and mandate contracts) for social and health insurance with ZUS within 7 days from the start date of work.
- Store Documentation: Keep a copy of the foreigner’s residence document and the work permit or declaration throughout the entire employment period.
- Inform Authorities about Changes: You are obliged to inform the Voivode (for permits) or PUP (for declarations) about significant changes in employment conditions or the termination of work by the foreigner before the specified end date.
Pitfalls and consequences of illegal employment
Non-compliance with regulations concerning the employment of foreigners is treated very seriously and entails severe penalties:
- High fines for the employer: Financial penalties can reach tens of thousands of PLN.
- Consequences for the foreigner: They may be obliged to return (deportation) and receive an entry ban to Poland and the Schengen Area.
- Loss of company reputation: Information about illegal employment can negatively affect your company’s image.
- Inspections: Risk of inspections by the National Labor Inspectorate (PIP) and the Border Guard (Straż Graniczna).
The story of company X: how they avoided problems through careful verification
Company X, an IT firm, wanted to hire a highly skilled programmer from India. Before signing a contract, they thoroughly verified his visa status. Then, they applied for a Type A work permit to the Voivode. After receiving a positive decision, they signed an employment contract with the programmer, the terms of which were identical to those in the permit, and provided it to him in English. They kept copies of the visa and permit in the employee’s personnel file and registered him with ZUS on time. Thanks to this diligence, when the company was visited by a PIP inspection a few months later, no irregularities were found.
How can we help your company in the process of hiring foreigners?
The procedures related to hiring foreigners can be complex and time-consuming. Our law firm offers comprehensive support for employers:
- Analysis of the candidate’s legal situation and selection of the optimal path for employment legalization.
- Preparing and submitting applications for work permits and declarations of entrusting work.
- Advice on employer obligations and proper documentation of employment.
- Legal support during inspections by PIP or the Border Guard.
Legal and transparent employment of a foreigner benefits both your company and the employee. If you need assurance that you are acting in accordance with the regulations, contact us. We will help you safely navigate the legal requirements.
(Please remember that the information contained in this article is general in nature and does not substitute individual legal advice. Regulations may change, so it is always advisable to consult a specific case with a specialist.)
