What professions are exempted from presenting the Labour Market Test? When do I not have to provide the Labour Market Test?

Created on: 01.02.2020

In each province, the list of professions exempted from the need to obtain the Labour Market Test is different.

In the Wielkopolska Province, the professions listed in the Regulation of the Wielkopolska Governor are exempt: http://www.poznan.uw.gov.pl/node/10753.

In the Journal of Laws item 1264 from 2018, the ordinance of the Minister of Family, Labor and Social Policy of June 28, 2018 has been announced, creating the "central" list for the whole country of professions exempted from the need to submit "labour market test". Their list is available at:

http://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20190000154/O/D20190154...

In addition, an employer does not have to submit the Labour Market Test, if they employs a foreigner who:

  • is a family member of an employee of a diplomatic mission, consulate office, international organization or their representative, performing work in Poland on the basis of international agreements and arrangements;
  • performs work as a private domestic service of employees of diplomatic missions, consular posts, international organizations or their representative offices;
  • is entitled under the rules set out in legal acts issued by bodies set up under the Agreement establishing an association between the European Economic Community and Turkey, signed in Ankara on September 12, 1963;
  • is a foreigner authorized to represent a foreign entrepreneur in his branch or representative office located in Poland;
  • is a citizen of the Republic of Armenia, Belarus, Georgia, the Republic of Moldova or Ukraine, performing nursing and caring work or as domestic help for individuals in the household;
  • is a foreigner who, in the period immediately preceding the submission of an application for a work permit, was employed for a period of not less than 3 months at the same employer and in the same position in accordance with the declaration on entrusting work to a foreigner registered by the Employment Office; (you have to submit that declaration along with employment contract and documents confirming the payment of social security contributions);
  • is a sports trainer or athlete performing work for sports clubs and other entities whose statutory activities include the dissemination of physical culture and sport;
  • is a doctor and dentist, undergoing training or implementing a specialization program, based on the regulations on the specialization of doctors and dentists.

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