In this article, we will explain the process you need to go through to obtain an oswiadczenie o prace / zezwolenie na prace— a work permit in Poland. These procedures are followed by hundreds of people. The urząd (office) for foreign affairs issues the zezwolenie, while the urząd PRACY (employment office) issues the oswiadczenie. This information is for entrepreneurs hiring employees or hiring themselves as employees. By the way, if you’re an entrepreneur and want to work in your own company, you need a permit both as an entrepreneur (for conducting business activities) and as an employee (for specific work, salary, and working hours). A company founder is not allowed to work as a designer, for example. You need to obtain a separate permit.
For information about other types of permits, please refer to our previous articles.
We suggest watching the video. For those who prefer reading, the article will be available below it.
Types of Permits
Oświadczenie o pracę — Issued by the Powiatowy Urząd Pracy (Polish labor exchange) to citizens of Ukraine, Russia, Belarus, Georgia, Moldova, and Armenia, valid for 6 months. The waiting time is around 2 weeks, and the cost is 40 PLN. After the expiration, you need to wait six months and apply again or obtain a zezwolenie o prace.
Zezwolenie na prace — Issued by the Urząd do spraw cudzoziemcy, valid for up to 3 years with the possibility of extension. The document specifies the employer, employee, position, salary, and working hours.
The waiting time for ZEZWOLENIE NA PRACĘ is 2-3 months.
Life hack: If you hire a foreign employee who works based on the oswiadczenie, apply for the zezwolenie na pracę after 90 days. Practice shows that the process takes 2-3 months — it’s worth thinking about in advance. This way, the employee can continue working without interruptions while waiting for the new permit.
How to Obtain a Work Permit in Poland (zezwolenie o prace)
The procedure is divided into two stages:
- Filling out the application form.
- Labor market analysis (badanie rynku pracy) — a check confirming the impossibility of hiring a Polish person for the position. You fill out an application with the candidate’s requirements, and the analysis takes 2-3 weeks. If the result confirms that no suitable Polish candidates are available for the position, you can request to hire a foreigner. With this document, you return to the Urząd for foreign affairs, submit the paper, and your case is processed further.
Nuances of Obtaining a Work Permit in Poland
The labor market analysis or “Badanie rynku pracy” is not necessary if the person has worked for 3 months in the same position with the same salary under an umowa o pracę (the most secure form of civil-law relations between employer and employee, less common than other types). In other cases, badanie rynku pracy is mandatory. There was a case where we were not informed about this. We had an employee under a umowa zlecenie (contract of mandate), and a month and a half before the expiration of the oswiadczenie, we went to fill out the next form. We had to ask them to do the market analysis that same day.
The procedure follows a queue, and the labor market analysis takes 2-3 weeks. The issues of foreigners are of little concern. We had to temporarily lay off the employee while the zezwolenie o prace was being processed, and then rehire them.
What is written in the badanie rynku pracy application can be asked for confirmation — whether your foreign candidate meets these criteria. For example: we hired a girl who specializes in eyelash extensions. We were asked to translate her qualification diplomas, as well as her medical college diploma (we specified the existence of basic medical education). Translations need to be done by certified translators, and each document costs around 40 PLN. Translating all the diplomas cost us 200 PLN.
Another example: the inspector who accepts the documents asked how we would confirm the 5-year experience of the foreign candidate. A work book, contracts with companies, salary receipts?
Advice: If you can’t confirm something, it’s better not to write it.
Answer the phone when the urząd PRACY calls — it’s almost impossible to return the call. Once you submit your documents, they will assign a case number, and you’ll have to wait for the result. They will contact you by phone. We missed a call from the urząd and had to go there in person to speak directly.
You may need to visit the urząd several times. It’s better to register your business in the place where you actually plan to operate. If you registered in Warsaw but are running your business in Kraków, it will be inconvenient to travel to another city.
After receiving the zezwolenie, make sure you have several copies — for you and the employee. Also, you need to sign a paper stating that during the qualification interview, the person met all the criteria.
Remember these nuances before submitting your application for a work permit in Poland. Or contact the specialists in our team, and we will assist you with this matter.
