Obligations of an employer applying for a work permit

  1. The entity entrusting work to a foreigner for whom it is required to obtain a work permit, is obliged to:  
  • check (before entrusting work to a foreigner) if the foreigner has a valid document entitling him/her to stay in Poland, make a copy of that document and keep it throughout the entire period of employment;
  • make sure that the document (e.g. a visa) entitles the foreigner to take up employment in Poland;
  • sign an employment contract with the foreigner. Regardless of the type of contract, it has to be effected in writing and translated into a language understandable for the foreigner before being signed;
  • ensure consistency between conditions contained in the contract and conditions and the work permit; The amount of remuneration specified in the contract with the foreigner cannot be lower than the salaries of other employees performing work of comparable type or in a similar position.
  • In the case, of type A work permits, the employer should adjust the amount of remuneration with in accordance with the minimum monthly wage determined in a given calendar year (i.e. the amount of remuneration cannot be lower than the minimum wage);
  • to provide one copy of the work permit to the foreigner for whom it was issued;
  • take due care in the proceedings for the issue/extension/revocation of a work permit;
  • In the case of C, D and E work permits, the employer should adjust the amount of remuneration with in accordance with the average monthly wage in the given province, as announced by the President of the Central Statistical Office on the basis of art. 30 § 2 of the Act 26 October 1995 on certain forms of support for the housing sector, at least once a year.

 

Whoever entrusts work performance to a foreigner who does not hold a valid entry and stay entitlement, is subject to a fine or the penalty of restriction of liberty under provisions of the Act of 15 June 2012 on the consequences of delegating dork to foreigners illegally residing on Polish territory.

Entrustment of work performance to a foreigner who does not hold a valid work permit, if it is required, assigning the foreigner to a different post or delegating the foreigner to work other than that defined in the work permit is considered illegal and subject to a fine or the penalty of restriction of liberty under provisions of the Act of 20 April 2004 on employment promotion and labor market institutions.

 

  1. The entity entrusting the foreigner with the performance of work within 7 days informs of the governor who issued the work permit of the following circumstances: (formularz do pobrania=> link)*&^%%$#####.  
  • the foreigner has started to carry out work other than that defined in the work permit or is assigned to a different post, as defined in art. 88 par. 1b (for a period not exceeding 30 days in a given calendar year);
  • the registered office or place of residence, the name or legal form of the entity entrusting work with a foreigner changes or the place of work or its part thereof has been acquired by another employer;
  • the employer, or its part thereof, is taken over by another employer;
  • the entity representing the employer has changed, on the basis of art. 88c par. 6 pt 3;
  • the foreigner has not started work within a period of 3 months from the beginning of the validity period of the work permit;
  • the foreigner has interrupted work for a period of more than 3 months;
  • the foreigner has ended work earlier than 3 months prior to the lapse of the validity of the work permit.
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