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.
FAQ
Employment of a Foreigner
Created on: 01.02.2020
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.
Created on: 01.02.2020
You need to submit an application for a foreigner's work permit in Poland together with the relevant attachments. If you want to employ a citizen of Ukraine for a short time, you can do it on the basis of a declaration on entrusting work to a foreigner, issued from the Local Employment Office. In the case of employing a foreigner in agriculture, horticulture (gardening), tourism, submit an application for a seasonal work permit at the Local Employment Office.
Created on: 01.02.2020
Type A work permit - applies to a foreigner performing work in Poland on the basis of a contract with an entity whose registered office or place of residence, or branch, plant or other form of organized activity is located in Poland.
Type B work permit - applies to a foreigner performing work consisting in performing functions in the management board of a legal person entered in the register of entrepreneurs or being a capital company in the organization for a period of 6 months during the next 12 months.
Type C work permit - applies to a foreigner who performs work for a foreign employer and is delegated to Poland for a period exceeding 30 days in a calendar year to a branch or plant of a foreign entity or a related entity, within the meaning of the Act of 26 July 1991. on personal income tax, with a foreign employer.
Type D work permit - applies to a foreigner who performs work for a foreign employer without a branch, plant or other form of organized activity in Poland and is delegated to Poland for the purpose of providing temporary and occasional services (export service).
Type E work permit - applies to a foreigner who performs work for a foreign employer and is delegated to Poland for a period exceeding 30 days during the next 6 months for a purpose other than that indicated in the type B, C, D permits.
Created on: 01.02.2020
