Running a business in Poland involves various organizational issues. Hiring foreign employees in Poland or applying for a position requires following a specific procedure — obtaining a work permit for foreigners.
Certificate allowing the employment of a foreigner / Oświadczenie
This permit allows the employment of citizens from six countries — Ukraine, Belarus, Georgia, Moldova, the Russian Federation, and Armenia. Foreign employees in Poland can work for 180 days within a year. The allowed work period can be used continuously or in short intervals. However, the total duration of employment must not exceed 6 months within a 12-month period after obtaining the document.
The Oświadczenie is issued for a specific company in Poland. It is prohibited to work for another employer with the permit issued for one employer. Such a case may lead to a decision requiring the return of the foreigner.
The government fee for the Oświadczenie is currently 40 PLN, and the processing time is approximately 7-30 days. To register a work permit for foreigners in Poland, a legal entity provides:
- For individuals engaged in private entrepreneurship — a record in the State Court Register (KRS) or the Central Register of Entrepreneurs for individuals (CEDG);
- For individuals who do not engage in business or agricultural activities — an identity card;
- For legal entities operating in the agricultural sector — liability insurance in the Agricultural Social Insurance Fund (KRUS).
After three months of working with an Oświadczenie, foreign employees in Poland can apply for Zezwolenie na pracę.
Types of Work Permits for Foreigners in Poland
The “Zezwolenie na pracę” can be as follows:
- Type A: Requires an employment contract that regulates the labor relations between the company and the employee, including a foreigner residing in Poland.
- Type B: Issued to foreign board members of commercial enterprises who need to work for more than 180 days every 12 months.
- Type C: Issued for employees of foreign companies operating in Poland if their employment is expected to exceed 30 days within a year.
- Type D: Issued for employees of foreign businesses without a permanent representation in Poland, who come to the country for temporary duties.
- Type S: Issued for seasonal workers, whose types of activities are legally defined (agriculture, forestry, tourism, etc.). This document and the corresponding D05b visa are limited to a maximum duration of 270 days per year.
- Type E: Applies in other cases that do not fall under the previous types of visas.
The most common type of work permit used for employing foreign workers in Poland is Zezwolenie na pracę Type A.
The document specifies the specific employer and the person hired to perform a particular type of work. It also mentions the position or area of activity and the conditions of employment. The foreign employee is entitled to perform only the duties listed in the zezwoleniu.
The salary of the foreign employee is defined by the umowa o pracę or cywilnoprawna umowa. It must be at least the same as the salary of other workers in the same positions or with similar responsibilities. If the employee is hired under a full-time umowa o pracę (employment contract), the salary must not be less than the minimum wage.
Procedure for Obtaining “Zezwolenie na pracę”
The employer submits an application to the labor office (Powiatowy Urząd Pracy). In the application, they specify the code and name of the required profession, confirming this information on the labor exchange portal.
Afterward, specialists from the office search for unemployed citizens in the register who meet the specified requirements. If there are enough candidates, the labor office organizes a recruitment process from the temporarily unemployed. The labor office will respond to the employer’s request within 21 days from the submission of the application.
If the evaluation of the register shows that it is impossible to find suitable candidates among the unemployed, the applicant will be informed of this within 14 days.
It should be noted that in some cases, a preliminary labor market test is not required. These cases include:
- The position is part of a list of rare professions;
- A work permit renewal is requested for the same employer;
- Citizens of Ukraine, Belarus, Georgia, Russia, Moldova, Armenia, who are medical personnel or assistants to individuals managing home-based business activities;
- A citizen of the above-mentioned or bordering countries has worked for a minimum of three months under an Oświadczenie before applying to the same employer (documentary proof is required);
- The foreign employee intends to work in Poland for the same employer;
- A foreign citizen who does not require a permit;
- Other cases, such as coaches, athletes, etc.
After receiving the Zezwolenie na pracę, one copy of the document remains with the employer, and the second is handed over to the employee.
Since the process of obtaining the document takes quite a long time — from 2 to 6 months — it is better to start the procedure as early as possible.
There are many nuances when working with employees in Poland. If you want to learn more about them, leave a request, and our specialist will consult you.
