FAQ

Employment of a Foreigner

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

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.

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