Are you planning to promote an employee who has a permit to work in Poland and wondering whether in connection with the position change you will have to re-apply for a permit? Read the next article of the Legalisation of stay and employment of foreigners in Poland guide to find out.
FAQ#27
Do I Need to Get a New Work Permit to Promote an Employee to Another Position?
As a rule, a work permit issued enables the employer to employ a specific person (indicated by the name), under the conditions set out in the work permit: including the position indicated in the application, for a specified period of time, for a specified minimum wage.
If any of these elements changes, e.g., in connection with the employee’s promotion to a higher position, the employer is obliged to submit an application to change the work permit. Entrusting an employee with a new position or increasing the working hours will only be
possible after the employer has received a positive decision to change the work permit.
Not every change in the circumstances of employment requires a new work permit.
NO CHANGE OF PERMIT IS REQUIRED FOR THE FOLLOWING:
- change of the registered office or place of residence of the entity entrusting work,
- change of employer’s name,
- change of the legal form of the entity entrusting the work to a foreigner,
- takeover or transfer of the establishment or its part to another employer,
However, in the case of the abovementioned circumstances, the employer is obliged to inform the voivode in writing about them within 7 days from the date of their occurrence. Failure to comply with the obligation to provide information may result in a fine.
Replacing a civil law contract with an employment contract, DOES NOT REQUIRE changing the work permit nor informing the voivode!!
EMPLOYEES, PLEASE REMEMBER!
A work permit entitles you to work only for the employer indicated in the permit. To work for another employer, the new employer has to apply for a new work permit.
More questions about how to legalise your stay in Poland?
Issues related to the legalisation of employment and stay of foreigners in Poland still raise many doubts – both among employers and their foreign employees. In order to make it easier to navigate among statutory regulations, the Invest in Pomerania team in cooperation with specialists from the Pomeranian Voivodeship Office have created a publication containing a list of the most frequently asked questions regarding the procedure of applying for a residence and work permit in Poland. We sincerely hope that the publication will make the process of legalising the stay and employment of foreigners in our region more efficient. We invite you to read the entire guide. If you want to learn more about the full range of support provided by Invest in Pomerania visit the website: investinpomerania.pl .
