Posted: |
Updated: |
Rate: 0 0

Sooner or later there comes a time when a foreigner decides to take a job. Unfortunately, I cannot tell how the whole procedure of obtaining a work permit or legalization of residence in connection with taking up a job looks like, but I can tell you a little about the issues related to the declaration of employment of a foreigner.

Taking up a work in Poland by a foreigner requires meeting certain legal requirements. One of them is to obtain a license to work, i.e. a work permit. This requirement does not apply, however, to all foreigners - some groups of migrants can be employed on the same basis as Poles, while other groups have been exempted from the mandatory work permit, which means that some foreigners may work in Poland without having to apply for a work permit.

Thus, every foreigner who intends to work on the Polish territory should first determine whether it belongs to the group of people who are obliged to have a work permit, or is the person authorized to perform work without a permit. If you do not need a work permit, you can be employed by any employer and on the basis of any contract (e.g. contract of employment, contract for specific work, contract of mandate). Working without the need to have a work permit ensures high flexibility in changing employers or the conditions regulating our work

Quite different is the situation when a work permit is mandatory for the employment in Poland. In order to perform our work legally, we have to meet a number of additional requirements. Firstly, we must have a residence permit (e.g. a temporary residence permit, a visa), which entitles us to do the job. This is very important condition. Many foreigners do not realize that, in spite of having a work permit they cannot legally work if they have: a tourist visa, visa issued for the use of temporary protection or a visa obtained due to humanitarian reasons, or when staying in Poland on the basis of a temporary residence permit. Secondly, on the basis of a work permit we can take up employment only from the employer specified in the permit, and only on the post and under the conditions specified therein. The change of conditions of employment raise the need to obtain new work permit, unless there has been only a change of: location or place of residence; name or legal form of the employer; or when there has been a transfer of operation or a part thereof to another employer. Remember that all terms and conditions must be equal in both documents, work permit and contract with our employer.

Any violations are subjected to fines: 1000 PLN for employee and 3000 PLN for employer.

Such violations, including illegal employment are the basis for issuing an obligation to return and a ban for re-entry of Polish territory and territory of the countries within Schengen area from 1 to 3 years –for many foreigners this is more serious consequence than fine.

Legal basis:
The law on employment promotion and labor market institutions Foreigners Act.