Obligations of an employer applying for a work permit

1. An employer apllying for a work permit is obliged to:

• check, before assigning work to a foreign national, whether the person holds a valid document entitling them to stay in Poland, make a copy of that document, and retain it for the entire duration of employment;
• ensure that the document (e.g. a visa) permits the foreign national to take up employment in Poland;
• sign an employment contract with the foreign national. Regardless of the type of contract, it must be concluded in writing and translated into a language the foreign national understands before it is signed;
• ensure consistency between the conditions specified in the employment contract and those stated in the work permit. The remuneration specified in the contract must not be lower than that of other employees performing comparable work or in similar positions;
• adjust the foreign national’s remuneration proportionally to their working time;
• provide the foreign national with the decision regarding the issuance, amendment, or revocation of the work permit, as well as with information about any refusal to issue the permit;
• exercise due diligence in proceedings related to the issuance, amendment, or revocation of the work permit;
• upon request of the user employer, provide them with a copy of the work permit pertaining to the temporary worker;
• inform the foreign national about any actions taken in connection with the work permit proceedings.
• In the case of a work permit for a foreign national posted to Poland by a foreign company, the employer must adjust the amount of remuneration at least once a year in accordance with the average monthly salary in the relevant province, as announced by the President of the Central Statistical Office pursuant to Article 30 § 2 of the Act of 26 October 1995 on Certain Forms of Support for the Housing Sector.

2. The employer must inform the governor who issued the work permit of the following circumstances within 7 days:

• the foreign national has begun performing work different from that specified in the work permit or has been assigned to a different position, as defined in Article 88(1b) (for a period not exceeding 30 days in a given calendar year);
• there has been a change in the registered office or place of residence, the name, or legal form of the entity employing the foreign national, or the place of work (or part of it) has been taken over by another employer;
• the employer, or part of it, has been taken over by another employer;
• the entity representing the employer has changed;
• the foreign national has not commenced work within 3 months from the start date of the work permit’s validity;
• the foreign national has suspended work for a period exceeding 3 months;
• the foreign national has ceased working earlier than 3 months before the expiration of the work permit’s validity.