FAQ

Employment of a Foreigner

Created on: 01.02.2020

The seasonal work is performed for an employer who conducts a specific type of activity, e.g. agricultural, forestry, farming, accommodation and catering services defined in detail in the Regulation of the Minister of Family, Labor and Social Policy of December 8, 2017 on subclasses of activities according to the Polish Classification of Economic Activities (PKD) in which seasonal work permits for a foreigner are issued. A seasonal work permit is issued for a period of no more than 9 months during the calendar year by the Head of local Employment Office.

In 2018, the list of sub-classes of activities related to seasonal work was modified. The text of the regulation can be found at: http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20180001749/O/D2018174...

Created on: 01.02.2020

A relevant application should be submitted to the local Employment Office together with attachments. See: http://poznan.praca.gov.pl/zatrudnianie-cudzoziemcow-od-stycznia-2018r.

Created on: 01.02.2020

The Labour Market Test is a document issued by the local Employment Office at the employer's request. The document confirms the inability to find an employee from among the persons registered as unemployed. The information is prepared taking into account priority to the labor market for Polish citizens and contains an analysis of the amount of payment proposed and the adequacy of the requirements in relation to the work to be performed by the foreigner.

Created on: 01.02.2020

No. Only the cases specified in the regulations allow to employ a foreigner without the need to obtain a work permit. Exemption from submitting the Labour Market Test is only a facilitation in obtaining a work permit.

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.
Created on: 01.02.2020

Due to the large number of proceedings conducted simultaneously by the Departament for Foreigners at the Office of Wielkopolska Province, the proceedings for a work permit may last up to two months. This time limit may be extended if it is necessary to check the documents submitted.

Created on: 01.02.2020

No, a work permit does not legalise a foreigner's the stay in Poland. Submission of an application does not legalise the foreigner's work either, it does so only a work permit.

Created on: 01.02.2020

 A foreigner may apply for a residence and work permit, or an employer may apply for a work permit for the foreigner.

 A work permit alone does not entitle to reside in Poland.
Created on: 01.02.2020

If on the day of submitting the application you could work on the basis of a registered declaration on entrusting work to a foreigner (declarations are issued from 01/01/2018) or work permit at the employer you work with in the same position, and you applied for a residence permit being legally in Poland and there are no formal defects - you can work during the procedure for granting a residence permit. If you do not meet the above conditions, you can work as long as you have a work permit or a registered declaration on entrusting work to a foreigner.

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