Employment of a Foreigner

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.
Created on: 01.02.2020

An employer within 7 days notifies the Governor who issued the work permit in writing of the following circumstances:

  • a foreigner started work of a different nature or position other than that specified in the work permit. The employer may entrust a foreigner with work of a different nature or position than the ones specified in the permit for 30 days in a calendar year, provided that he meets the requirements related to the profession;
  • there has been a change in the registered office or place of residence, name or legal form of employer or the takeover of a workplace or part thereof by another employer;
  • the workplace or part of the workplace has been transferred to another employer;
  • the person representing the foreign employer has changed to represent the entity before the Governor and other bodies;
  • the foreigner has not taken up work within 3 months of the initial date of validity of the work permit;
  • the foreigner has interrupted his work for a period exceeding 3 months;
  • a foreigner left work earlier than 3 months before the expiry of the validity of the work permit.
Created on: 01.02.2020

No, unless we are dealing with a transfer or transformation of the employer.

Created on: 01.02.2020

The application requires the PKD symbol related to the performance of work by a foreigner and indicated by the entrepreneur in the following registers: the CEIDG (Central Register and Information on Economic Activity) and the KRS (National Court Register). This applies to both the employer and the employer-user.

Created on: 01.02.2020

The decision is repealed. In order for you to work legally for a new user-employer, your employer must obtain a new work permit.

Created on: 01.02.2020

The power of attorney to represent the employer should be submitted in the original. Other required attachments to the application for employment of a foreigner may be presented in a copy, provided that the original of these documents is presented to an authorized employee of the state authority conducting the proceedings.

Created on: 01.02.2020

Yes, but this is not a sufficient condition, the consul makes the decision.