The procedure of employing a foreigner may be simpler and faster if certain conditions are met. What conditions? You can learn this from the next part of the Legalisation of Stay and Employment of Foreigners in Poland guide, devoted to the simplified procedure for employing foreigners.
What Is the Simplified Procedure for Employing a Foreigner?
This procedure applies to foreigners coming from:
The said simplification consists in the fact that the employer may entrust the citizens of the abovementioned countries with performing work in the territory of the Republic of Poland without the need to obtain a work permit.
This rule applies not only to employment contracts but also to civil law contracts.
The employer should submit two copies of the declaration of intent to entrust work to a foreigner to the competent local employment office. It should be accompanied by a letter confirming willingness to sign a contract with the foreigner and the fact that the foreigner is performing work under the conditions indicated in the declaration.
The procedure of registering the declaration at the employment office is subject to a fee of PLN 20.
However, it should be stressed that the possibility to work under such conditions is limited in time. A national of one of these countries may be employed without a permit for a maximum period of 6 months over 12 consecutive months, no matter how many entities have commissioned their work. The work does not have to be performed continuously, however, the total period of employment may not exceed 6 months and needs to fit within 12 consecutive months.
A declaration of intent to entrust work is the basis for applying for a national work visa. Therefore, one copy of the document should be sent to the foreigner residing abroad so that they can apply at a Polish consulate for a residence permit to perform work.
The employment contract with the employee should be made in writing. Failure to conclude an agreement in this form constitutes an offence for which the employer may be fined.
After 6 months of employment, if the employee would like to stay in Poland they should apply for a temporary residence permit. If that person is to continue to work for the current employer, it will be necessary for the employer to obtain a work permit or to apply for a single permit – for temporary residence and work.
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 .