FAQ

Employment of a Foreigner

Created on: 01.02.2020

A new permit is necessary if the previous permit must be repealed in accordance with the regulations, e.g. the circumstances of the permit have changed or the reason for the permit has ceased to exist. The decision of the authority is related to the application and the circumstances of the case, therefore the change of decision is of limited use here.

Created on: 01.02.2020

The employer can do this, but only for up to 30 days in a calendar year. The Governor must be notified in writing of this fact within 7 days. Other cases require a new permit.

Created on: 01.02.2020

Within 7 days, the Governor who issued the work permit should be notified in writing that the foreigner has not taken up work within 2 months from the initial date of validity of the work permit. The Governor will not repeal the decision if the employer gives the reason for not taking a job and the notification includes circumstances indicating that the permit will be used for its intended purpose.

Created on: 01.02.2020

No. An invitation is a document that entitles a foreigner to apply for a visa. This document does not legalize the stay or work of a foreigner.

Created on: 01.02.2020

An application for extension of a work permit must be submitted not earlier than within 90 days and not later than within 30 days before the expiry of the validity of the permit.

Created on: 01.02.2020

If the residence and work permit relates to work for the same employer and the same position as indicated in the work permit, the work permit will expire by virtue of law on the day the temporary residence and work permit is issued.

Created on: 01.02.2020

Yes, after obtaining the work permit, but before assigning work to the foreign national.

Created on: 01.02.2020

You have the same obligations as other employers, i.e. you should:

  • check (before entrusting work) whether the foreigner has a valid document entitling him to stay in Poland, make a copy of this document and keep it throughout the entire period of employing the foreigner;
  • make sure that the foreigner's residence permit is associated with the right to work in Poland;
  • sign a contract with a foreigner; regardless of its type it must be a written contract; present the foreigner before signing the contract its translation into a language understood by the them;
  • do include in the contract with the foreigner the conditions contained in the work permit; the amount of payment that will be specified in the contract with the foreigner may not be lower than the payment of employees performing work of a comparable type or in a comparable position and may not be lower than the minimum wage/salary and the minimum hourly rate in the case of a civil-law contract;
  • provide the foreigner with one copy of their work permit;
  • inform the foreigner of actions taken to legalise their employment;
  • remember about the same tax and insurance (ZUS) obligation as for any other employed person.

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