Hiring a foreigner in Poland – ground rules and key steps

From this article, you will learn:

• How to obtain a work permit in Poland?
• What to have in mind when drafting procedures for hiring foreign nationals in Poland?
• How to hire a foreigner being a third-country national, i.e. coming from outside the European Union and the European Economic Area?

What a company willing to employ a foreigner should know

Employing third-country nationals imposes a number of obligations on both the employer as well as the prospective employee. It is essential for a company to create a relevant procedure for hiring foreigners and to make sure that it is closely observed as this affects the validity of employing foreign nationals and may entail some adverse legal implications for the employer. 

Step 1: validating the residence permit prior to employing foreigners

The employer willing to hire a foreign national should, prior to employing the said person, check whether a prospective employee is in fact a legal resident of the Republic of Poland as well as analyse all the options regarding the employment. Thus, the employer is obliged to:

• verify, before the work is commenced by a foreigner, the legal documents granting them the right to reside in Poland;
• check if the residence permit held by the foreigner grants them the right to be legally employed;
• make a copy of the document validating the employee’s stay in Poland and retain it until the end of the foreigner’s employment period. 

Step 2: applying for a work permit or a declaration on entrusting work 

As a rule, for a foreigner to be able to commence work in Poland they must hold a work permit. There are several types of work permits, depending on the nature of the work performed and the status of the employing party. A work permit is issued at the request of the employer who should initiate the entire procedure well in advance as a foreigner cannot start work until they receive a work permit.

The procedure for validating the work of a foreign national may take from 1 to even 2 months from the date of submitting a complete and accurate application.

Importantly, the employer must attach to the application the so-called Staroste’s Opinion (issued by the relevant staroste, i.e. a district governor) stating that there are no registered unemployed individuals or job seekers of Polish citizenship on the local labour market qualifying for the job. This opinion is obtained as part of the so-called work test. The permit specifies employment conditions, such as the position or type of work performed, the minimum monthly remuneration, working hours, legal basis for employment and the validity period of the permit. The permit is always issued for a specific person, with their name indicated therein.

The Polish legislature provides for an exception enabling the employment of foreigners without the need to apply for a work permit. Citizens of Armenia, Belarus, Georgia, Ukraine and Moldova are entitled to commence work on the basis of a declaration submitted by the employer to the District Labour Office. 

This document may be submitted if the period of work specified therein does not exceed 24 months and the date of commencement of work is no later than 6 months from the date of the submission. As a rule, the Office has 7 days from the moment of the submission to enter the declaration into the register. Under this procedure, the employer is not obliged to conduct a labour market test.

Step 3: concluding a contract with the foreigner

Obtaining a foreigner’s work permit (or submitting a declaration on entrusting them with work) sets off the process of validating the employment. Subsequently, the employer should conclude either an employment contract or a civil law agreement with the foreigner – in writing, enclosing a translation into a language that is understandable to the hired foreigner. The conditions set out in the contract must be consistent with those indicated in the permit or declaration. This also applies to the relevant legal basis of the employment.

Step 4: registering a foreign national for social security purposes

Every entity entrusting work to a foreigner is obliged to register them for social and health insurance purposes within 7 days following the commencement of work or the day indicated in the employment contract as the day when the work is to be commenced. This date may be subject to change if Poland and the foreigner’s country of origin have signed social security agreements.

The above steps involve key formalities related to the employment of foreigners. Regardless of whether you pursue a comprehensive procedure for employing foreigners or this is just a one-time need for hiring a foreign national, we strongly encourage you to put your knowledge to the test and consult professional RSM Poland advisors.