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Knowledge

Undertaking legal gainful employment in Poland and in the European Union involves certain formal activities.

On January 1st, 2018, new regulations regarding the employment of foreigners from non-EU / EEA countries on the Polish labor market came into force.

The changes mainly concern people who perform short-term and seasonal jobs.


Below, we present the scope of changes and rights and obligations that apply to people coming to Poland for work.

Importantly, in 2018, foreigners will be able to perform work on the basis of a statement registered in the Powiat Labor Office in 2017.

From January 1st 2018, declarations of entrusting work to a foreigner will be registered only in the case of non-seasonal work carried out by citizens of the Republic of Armenia, Republic of Belarus, Republic of Georgia, Republic of Moldova, Russian Federation and Ukraine. At the same time, it is possible to apply for permits for seasonal work - up to 9 months in a calendar year by all third-country nationals.

It is also possible to apply for a seasonal work permit (up to 9 months in a calendar year) for citizens of all third countries. These matters will continue to be supervised by Powiat Labor Offices.


THE MOST IMPORTANT CHANGES ENTERED FROM JANUARY 1ST 2018

  • A statement on entrusting work to a foreigner was introduced.
  • The premises for refusal to register the declaration have been introduced, and the possibility to appeal against such a decision to the second instance authority - the minister competent for labor issues.
  • A fee of PLN 30 has been introduced.
  • An obligation was introduced to inform the relevant entity by the employer, whether or not the foreigner took up work.
  • The method of counting work periods based on registered certificates was specified.

MOST IMPORTANT INFORMATION ABOUT CHANGES REGARDING AUTHORIZATIONS FOR SEASONAL WORK

  • The permit for seasonal work is issued by the starosta through the Powiat Labor Office
  • It is an instrument intended for all foreigners from non-EU / EEA countries;
  • It applies to work in sectors recognized as seasonal work; The permit obtained entitles you to work for a period of 9 months in a calendar year.
  • In the long-term cooperation with a given foreigner, you can apply for the so-called entry of a multi-seasonal work (up to 3 years).
  • A foreigner may work while awaiting a seasonal work permit. The fact that the employer informs the office about the arrival of the foreigner is enough.
  • A foreigner may also work while waiting for an extension of a seasonal work permit from the same employer. With a new employer - 30 days.


HOW TO LEGALLY EMPLOY A FOREIGNER

  • You must obtain a work permit for a foreigner, a seasonal work permit or an entry in the register of declarations on entrusting work to a foreigner. Then, you must pass this document to the foreigner (unless the foreigner has a uniform residence and work permit);
  • You must sign a relevant contract with a foreigner and present a translation to a language comprehensible to the foreigner beforehand;
  • Copy the residence permit of the foreigner.
  • The foreigner should be employed under the terms of the permit or statement;
  • You should also report a foreigner to social security if it results from the form of employment;


A foreigner may only work for the entity indicated in the permit or statement.

Temporary residence and work permit - issued by a voivode at the request of a foreigner, entitles to both work and stay;

There are currently 5 types of work permits:

A - when a foreigner is employed in an entity in Poland, issued at the request of the employer,

B - when a foreigner performs a function on the board, acts as a general partner or a proxy,

C, D, E - in the case of posting a foreigner on the territory of Poland;

There is also a new type of seasonal work permits - S - entitles to perform works recognized as seasonal for 9 months a year.

The statement registered in the Powiat Labor Office by the employer for the citizens of Armenia, Belarus, Georgia, Moldova, Russia and Ukraine entitles to perform non-seasonal work without a permit for a period of 6 months in the next 12 months.

Seasonal work will be possible only on the basis of a seasonal work permit!

OBLIGATIONS OF THE EMPLOYER

The basic duties of the employer include checking if the foreigner has valid documents entitling him/her to stay in Poland. At the same time, the employer is obliged to make copies of said documents and to archive them until the end of the employment relationship.

The employer is heavily responsible for the potential employment of a foreigner unlawfully. Therefore, the residence permit of the foreigner should be carefully checked and verified.

Employment of a foreigner on the basis of an employment contract or mandate contract, results in the obligation to report it within 7 days from the date of commencement of work to ZUS.

The employer is obliged to enter into a written agreement with the foreigner. Before signing the contract, the foreigner must be presented with a translation into a language that he/she understands.

For more information, please visit:
https://www.mpips.gov.pl/ praca/zatrudnienie- cudzoziemcow/

The details are regulated by the Act of July 20th 2017 amending the Act on the promotion of employment and labor market institutions and certain other acts (Journal of Laws of 2017, item 1543).