For several years we have been dealing with a dynamic increase in employment of foreigners in Poland. Unfortunately, employing a foreigner requires obtaining the necessary documents. This is particularly important because in the event of illegal employment of foreigners, penalties may be imposed on the employer and the employee may be deported. The law regulating the conditions of employment of foreigners or obtaining the necessary documents (e.g. work permits) arranged in various acts, interpenetrate and sometimes exclude one another. The Law Firm specializes in both matters related to individual cases, e.g. obtaining a work permit, as well as in complete and comprehensive service for even the largest employers employing foreigners. More and more employers are looking for help in the form of advice or in the total handing over to lawyers of all matters related to employing foreigners.
Help for employers
The extensive experience of the Law Firm in employing foreigners and servicing many companies in this area allows us to prepare and propose a cooperation project tailored to the needs of a specific entity employing foreigners, which very often translates into measurable benefits not only for time, but primarily financial. We help to choose optimal solutions and reduce the waiting time for a positive conclusion of the case, due to the knowledge of the procedures functioning in offices. We often face the situation that employers resign from employing a foreigner due to the need to wait for obtaining the necessary document. There are legal solutions that allow this time to be significantly shortened. Please contact us.
Legal employment of foreigners
The basic issue that should be distinguished when assessing the possibility of employing a foreigner is legal stay and legal work. For a foreigner to be employed, he must be legally resident in Poland and have a document entitling him to work.
The documents entitling to work are primarily a work permit and a declaration of intention to entrust work to a foreigner.
Work permit is issued by the Governor at the employer’s request. The permit indicates the employer and minimum employment conditions. The waiting time for a work permit is about a month.
Depending on the work to be performed by the foreigner, the employer should obtain one of 5 types of work permit:
a) Type A work permits – work permit obtained in the case of a foreigner who will perform work in Poland for the benefit of a Polish employer;
b) Work permits type B – work permit obtained in the case of a foreigner who will be a member of the company’s management board;
c) Type C work permits – work permit obtained in the case of a foreigner who will perform work for a foreign employer and is posted to Poland if the employer has a branch in Poland;
d) Work permits type D – work permit obtained in the case of a foreigner who will perform work for a foreign employer and is delegated to the territory of Poland to provide a temporary service if the employer does not have a branch in Poland;
e) Work permits type E – work permit obtained in the case of a foreigner who will perform work for a foreign employer and is posted to Poland for purposes other than demanding (work permits type A, B, C, D. (type E ).
We help in obtaining the above-mentioned permits, both by providing comprehensive legal advice and by obtaining these permits for the employer. If you are asked to obtain a permit, your employer does not have to take part in the proceedings because we act as his representative.
Declaration of intention to entrust work to a foreigner
In the case of citizens of Belarus, Georgia, the Republic of Moldova, the Russian Federation, the Republic of Armenia and Ukraine, there is a possibility of employment for a period of six months during the next 12 months on the basis of a declaration of intention to entrust a foreigner with work, which the employer registers with the employment office. The waiting time for registering a declaration of intention to entrust work to a foreigner is several days. Employment of a foreigner on the basis of a declaration of intention to entrust work allows for a much faster entrustment of work to a foreigner, however, he is subject to a time limit and can be applied only to foreigners who hold the citizenship of one of the abovementioned States.
Exceptions and doubts
In connection with numerous regulations governing the employment of foreigners, in practice there are very often situations that are difficult to assess in terms of employment opportunities for a given foreigner. There is a group of people whose employment does not require a work permit (e.g. full-time students, graduates of Polish schools with a permanent residence permit, long-term resident of the European Union, spouses of Polish citizens, foreigners with international protection or the Polish Card). There are also doubts as to the foreigner’s ability to work while waiting for a residence card (stamp work). However, each of these situations requires analysis, so please contact us for legal advice.