A work permit is issued by the voivode competent for the seat or place of residence of the entrusting entity or the seat of the entity to which the foreigner is delegated. The work permit is issued only upon the written request of the entity wishing to entrust work to a foreigner.

The permit specifies the entity entrusting the performance of work by the foreigner, the position or type of work performed by the foreigner, the lowest remuneration that the foreigner may receive in a given position, the working time or the number of working hours per week or month, the type of contract on which the work is performed and the validity period of the permit.

Useful information

When submitting an application for a work permit for a foreigner, the employer is also obliged to attach the head`s of the labor office information about the impossibility to meet the employer's staffing needs based on the registers of unemployed and jobseekers or about the negative result of recruitment organized for the employer, which is prepared with priority access to the market, work for Polish citizens and foreigners referred to in art. 87 sec. 1 points 1-11. For this purpose, the employer submits a job offer for the position on which the foreigner will be employed to the poviat labor office competent for the foreigner's main place of work. This procedure is also known as the labor market test.

If the specification of the work performed by the foreigner does not allow for the indication of the main place of its performance, the information is issued by the head of the labor office competent for the seat or place of residence of the entity entrusting the work to the foreigner.

The mentioned information is issued at the request of the entity entrusting the foreigner with the performance of work within:

no longer than 14 days from the date of submitting a job offer at the poviat labor office, if the analysis of the unemployed and jobseeker registers does not show that it is possible to organize recruitment;
no longer than 21 days from the date of submission of a job offer in the case of organizing recruitment among the unemployed and job seekers.

The Voivode issues a permit without the need to obtain information from the head of the labor office, if:

the profession in which the foreigner is to perform work, or the type of work to be entrusted to him, is included in the list of professions and types of work for which issuing a work permit does not require taking into account the starost's head of the labor office place of work, seat or place of residence of the entity entrusting the performance of work to a foreigner or the user's employer, according to the properties of the local labor office;
issues an extension of a work permit for the foreigner himself and for the same position;
no such necessity results from separate regulations.

A work permit is required for a foreigner who:

performs work in the territory of the Republic of Poland on the basis of an agreement with an entity whose seat or place of residence or branch, place of work or other form of organized activity is located in the territory of the Republic of Poland - type A permit,
resides in the territory of the Republic of Poland for a period exceeding a total of six months in the next 12 months in connection with the performance of a function on the management board of a legal person entered in the register of entrepreneurs or being a capital company in organization, or in connection with managing the affairs of a limited partnership or limited joint-stock partnership as a general partner or in connection with granting him a procuration - type B permit,
performs work for a foreign employer and is delegated to the territory of the Republic of Poland for a period exceeding 30 days in a calendar year to a department or institution of a foreign entity or a related entity within the meaning of the Act of 26 July 1991 on personal income tax (Journal of 2012, item 361, as amended 3) with a foreign employer - type C permit,
performs work for a foreign employer without a branch, institution or other form of organized activity on the territory of the Republic of Poland and is delegated to the territory of the Republic of Poland for the purpose of providing a temporary and occasional service (export service) - type D permit,
performs work for a foreign employer and is delegated to the territory of the Republic of Poland for a period exceeding 30 days within the next six months for a purpose other than indicated in points 2-4 - type E permit,
performs work in the territory of the Republic of Poland in the scope of activities specified in the Regulation of the Minister of Family, Labor and Social Policy on the sub-classes of activity according to the PKD classification, in which seasonal work permits are issued for a foreigner, on the basis of an agreement with an entity whose seat or place of residence or branch , an institution or other form of organized activity is located in the territory of the Republic of Poland (seasonal work) - type S permit.

Remember!

An employer applies for a work permit and this permit only applies to work for that particular employer. It is not valid for employment in other workplace.

The employer does not have to apply for a new work permit in the following cases:

relocation of the company or address, name or legal form of the entity entrusting the foreigner with the performance of work or taking over the workplace or its part by another employer, transfer of the workplace or its part to another employer or replacement of a civil law contract with an employment contract;
no such necessity results from separate regulations.

The permit is extended at the written request of the entity entrusting the work to the foreigner, submitted not earlier than 90 days and not later than 30 days before the expiry of the permit.

When a work permit is not required?

A foreigner is entitled to work in the territory of the Republic of Poland without a work permit, if:

has the refugee status granted in the Republic of Poland;
he has been granted subsidiary protection in the Republic of Poland;
has a permanent residence permit in the Republic of Poland;
holds a residence permit for a long-term resident of the European Union in the Republic of Poland;
has a residence permit for humanitarian reasons;
has a permit for tolerated stay in the Republic of Poland;
benefits from temporary protection in the Republic of Poland;
has a valid certificate issued pursuant to Art. 35 sec. 1 of the Act of June 13, 2003 on granting protection to foreigners within the territory of the Republic of Poland;
is a citizen of a European Union Member State;
is a citizen of the European Economic Area country that does not belong to the European Union;
is a citizen of a country that is not a party to the Agreement on the European Economic Area, who may exercise the freedom of movement of persons on the basis of an agreement concluded by that country with the European Community and its Member States;
is a citizen of the United Kingdom of Great Britain and Northern Ireland, referred to in Art. 10 paragraph 1 l. b and d of the Withdrawal Agreement, or a member of his family referred to in art. 10 paragraph 1 l. e and f of this contract;
accompanies the foreigner referred to in points 7-9 on the territory of the Republic of Poland as a family member within the meaning of the Act of 14 July 2006 on the entry into the territory of the Republic of Poland, stay and exit from this territory of citizens of European Union Member States and members their families;
accompanies a Polish citizen on the territory of the Republic of Poland as a family member within the meaning of Art. 2 point 4 lit. b of the Act of 14 July 2006 on the entry into the territory of the Republic of Poland, residence and departure from this territory of citizens of the European Union Member States and their family members;
is a person referred to in Art. 19 paragraph 2 and 3 of the Act of 14 July 2006 on the entry into the territory of the Republic of Poland, residence and departure from this territory of citizens of the European Union Member States and their family members;
has a temporary residence permit referred to in art. 114 paragraph. 1 or 1a, art. 126, art. 127, art. 139a paragraph. 1, art. 139o paragraph. 1 or art. 142 sec. 3 of the Act of 12 December 2013 on foreigners - under the conditions specified in this permit, unless the law allows for their change;
stays on the territory of the Republic of Poland in connection with the use of short-term mobility of a managerial employee, specialist or intern under an intra-corporate transfer under the conditions specified in Art. 139n paragraph. 1 of the Act of 12 December 2013 on foreigners;
stays on the territory of the Republic of Poland in connection with the use of the researcher's short-term mobility under the conditions specified in Art. 156b paragraph. 1 of the Act of 12 December 2013 on foreigners;
stays on the territory of the Republic of Poland in connection with the use of the student's mobility under the conditions specified in Art. 149b paragraph. 1 of the Act of 12 December 2013 on foreigners;
has a work permit and stays on the territory of the Republic of Poland:
on the basis of a visa, with the exception of a visa issued for the purpose referred to in art. 60 sec. 1 point 1 or 22 of the Act of 12 December 2013 on foreigners, or
on a basis of art. 108 sec. 1 paragraph 2 or article. 206 paragraph 1 point 2 of the Act of 12 December 2013 on foreigners or on the basis of a stamp placed in the travel document, which confirms the submission of the application for a long-term resident's European Union residence permit, if immediately before submitting the application, he was entitled to work in the territory of the Republic of Poland Polish, or
on the basis of a temporary residence permit, with the exception of a permit granted in connection with the circumstances referred to in art. 181 paragraph. 1 of the Act of 12 December 2013 on foreigners, or
on the basis of the document referred to in art. 61 of the Act of 12 December 2013 on foreigners, defining the status of a family member of a member of a diplomatic mission or consular post of a foreign state or another person equivalent to them on the basis of laws, agreements or generally established international customs, remaining with that person in the home community, if an international agreement or agreement was concluded between the Republic of Poland and a foreign state or organization on the performance of gainful activity by family members of staff members of diplomatic missions or consular offices, or
on the basis of a visa issued by another Schengen country, or
on the basis of a residence permit issued by another Schengen state, or
within the framework of visa-free travel;
stays on the territory of the Republic of Poland pursuant to Art. 108 sec. 1 of the Act of 12 December 2013 on foreigners and:
immediately before submitting the application for granting another temporary residence permit referred to in art. 139a paragraph. 1 or art. 139o paragraph. 1 of the Act of 12 December 2013 on foreigners, resided in this territory on the basis of this permit and continues to perform the work to which he was entitled on its basis,
performs work as an employee of the management staff, specialist or internship employee as part of the intra-corporate transfer referred to in art. 3 point 13b of the Act of 12 December 2013 on foreigners, for the host unit that submitted an application for a temporary residence permit referred to in art. 139o paragraph. 1 of this Act, under the conditions specified in this application,
conducts scientific research or development work in a scientific unit based in the territory of the Republic of Poland, approved by the minister competent for internal affairs pursuant to the provisions of Art. 151 paragraph 4-5 of the Act of 12 December 2013 on foreigners and submitted an application for a temporary residence permit referred to in art. 151b paragraph. 1 of this Act, under the conditions specified in the agreement referred to in Art. 151b paragraph. 1 point 2 of this act.

A foreigner is exempt from the obligation to have a work permit if:

holding a temporary residence permit in the Republic of Poland granted in connection with the circumstances referred to in Art. 144, art. 151 paragraph 1, art. 151b paragraph. 1, art. 158 sec. 2 paragraph 1 or 2, art. 161 sec. 2, art. 176 or article. 186 paragraph 1 point 3, 4 or 7-9 of the Act of 12 December 2013 on foreigners, or holding a national visa for the purpose of conducting research or development work or staying in this territory pursuant to art. 21 of the Act of 10 December 2020 amending the Act on the entry into the territory of the Republic of Poland, residence and departure from this territory of citizens of the European Union Member States and their family members and some other acts (Journal of Laws, item 2369);
being a spouse of a Polish citizen or a foreigner referred to in point 1 and sec. 1 points 1-6, holding a temporary residence permit in the territory of the Republic of Poland granted in connection with entering into a marriage;
being a descendant as referred to in Art. 2 clause 1 point 8 lit. b, a Polish citizen or a foreigner referred to in points 1 and 2 and in sec. 1 points 1-6, holding a temporary residence permit in the territory of the Republic of Poland;
holding a temporary residence permit on the territory of the Republic of Poland granted pursuant to Art. 159 paragraph 1 or art. 161b paragraph. 1 of the Act of 12 December 2013 on foreigners;
residing in the territory of the Republic of Poland pursuant to Art. 108 sec. 1 paragraph 2 or article. 206 paragraph 1 point 2 of the Act of 12 December 2013 on foreigners or on the basis of a stamp placed in the travel document, which confirms the submission of the application for a long-term resident's European Union residence permit, if immediately before submitting the application he was exempt from the obligation to have a work permit on the basis of points 1-4;

holding a valid Pole's Card;
entitled to reside and work in the territory of a Member State of the European Union or a country of the European Economic Area not belonging to the European Union or the Swiss Confederation, who is employed by an employer established in the territory of that country and temporarily delegated by that employer to provide services in the territory of the Republic of Poland Poland;

in relation to which international agreements or separate regulations allow for the performance of work without the need for a permit.

A work permit is also not required in the case of a foreigner who is a citizen of a country specified in the regulations issued on the basis of art. 90 sec. 10 point 2, who performs work outside the scope of activities specified in the regulations issued on the basis of art. 90 sec. 9 by, if the poviat labor office, prior to the commencement of work by a foreigner, entered a declaration on entrusting work to a foreigner to the register of declarations, and the work is performed under the conditions specified in this declaration.

In addition, due to the special nature of the tasks performed or the status, employers may entrust, without applying for a work permit, the performance of work in our country to foreigners who:

conduct trainings, take part in professional internships, perform an advisory, supervisory function or function that requires special qualifications and skills in programs implemented under the activities of the European Union or other international aid programs, also based on loans taken by the Government of the Republic of Poland;
perform artistic services individually or in teams, lasting up to 30 days in a calendar year;
they are teachers of foreign languages and conduct classes in foreign languages, performing work under international contracts and agreements;
are members of the armed forces and civilian personnel in international military structures;
are regular correspondents of foreign mass media;
deliver occasional (up to 30 days in a calendar year) lectures, papers or presentations,
are athletes performing work (up to 30 days in a calendar year) for an entity based in the territory of the Republic of Poland in connection with sports competitions;
are students of full-time studies or participants of full-time doctoral studies;
are students who perform work under the cooperation of public employment services and their foreign partners, if the need to entrust a foreigner with work is confirmed by a competent employment authority;
are students of higher education institutions in the EU or EEA countries, intended for apprenticeship;
are clergy, members of religious orders or other persons who perform work in connection with their religious function, in churches and religious associations and national inter-church organizations, the status of which is regulated by separate regulations;
participate in cultural or educational exchange programs, humanitarian or development aid programs or student summer work programs, organized in consultation with the minister competent for labor matters;
are graduates of Polish upper secondary schools, full-time higher education or full-time doctoral studies at Polish universities, research institutes of the Polish Academy of Sciences or research institutes operating pursuant to the regulations on research institutes;
performing work as research workers in entities referred to in the regulations on research institutes;
are posted to the territory of the Republic of Poland by a foreign employer, if they retain their permanent residence abroad, for a period not exceeding 3 months in a calendar year, for strictly defined purposes;
perform work for Members of the European Parliament in connection with their function;
are entitled under the terms of the legal acts issued by the bodies established under the Agreement establishing the association between the European Economic Community and Turkey, signed in Ankara on September 12, 1963 (Journal of Laws EC L 217 of 29.12.1964, p. 3687; Official Journal of the EU, Polish special edition, chapter 11, vol. 11, p. 10).

From December 1, 2020, work in the territory of Poland without the need to obtain a work permit is also allowed for foreigners who:

hold a valid visa issued for the purpose of arrival for humanitarian reasons, due to the interests of the state or international obligations;
hold of a valid visa with the annotation "Poland. Business Harbor";
are doctors or dentists who are licensed to practice in accordance with the provisions of the Act of December 5, 1996 on the professions of doctor and dentist;
whose license to practice as a nurse or midwife was granted or confirmed in accordance with the provisions of the Act of 15 July 2011 on the professions of nurse and midwife;
are entitled to practice as a paramedic in accordance with the provisions of the Act of 8 September 2006 on the State Medical Rescue;

perform work in the private domestic service of a member of a diplomatic mission or consular post of a foreign state or another person who is equal to a member of a diplomatic mission or consular post on the basis of statutes, agreements or generally established international customs.

What are the application fees?

Fees for issuing a work permit depend on the type of permit.

The employer pays a fee in the following amounts:

PLN 50 - if the work is entrusted to a foreigner for a period not exceeding three months,
PLN 100 - if the work is entrusted to a foreigner for a period longer than three months,
PLN 200 - if the entity entrusting the work to a foreigner intends to post him to the territory of the Republic of Poland in order to provide an export service,
PLN 30 - if the entity entrusting the performance of work to a foreigner intends to entrust the performance of work on the basis of a seasonal work permit.

In the case of submitting an application for the extension of a work permit for a foreigner, a payment of half the amounts specified above must be made. However, in case of submitting an application for an extension of a seasonal work permit for a foreigner, the entity entrusting the performance of work to the foreigner makes a payment of PLN 30.

How long is the work permit valid?

A work permit is issued for a specified period, however no longer than three years, and may be extended.

In the case of foreigners who:

act in the Management Board of a legal person who at the date of submitting the application, employs more than 25 people, it is allowed to issue a work permit for a period up to five years,
are delegated by a foreign employer to provide an export service, the voivode issues a work permit for the period of posting.

If the deadline for submitting an application for an extension of a work permit for the same employer and for the same position has been met and the application has no formal defects or the formal defects have been corrected on time, the work of the foreigner in the territory of the Republic of Poland is considered as legal from the date of submission of the application by the date on which the decision to extend the work permit becomes final. Periods of suspension of proceedings at the request of a party are not included in the periods of legal work.

A seasonal work permit is issued for a specified period, which cannot be longer than 9 months in a calendar year.

Remember

An employer who employs a foreigner has the same obligations as towards a Polish citizen:

reporting to the Social Insurance Institution and paying contributions;
calculating, collecting and paying advance personal income tax;
code of labour laws.

See also the list of foreigners who may perform work in Poland.

Legal basis:

Act of 20 April 2004 on employment promotion and labor market institutions, Art. 87 sec. 2, 88, 88a-88y

Act of 20 July 2017 amending the Act on employment promotion and labor market institutions and certain other acts

Act of 28 July 2011 on legalizing the stay of certain foreigners on the territory of the Republic of Poland and amending the Act on granting protection to foreigners within the territory of the Republic of Poland and the Act on foreigners

Announcement of the Minister of Family, Labor and Social Policy of 10 January 2019 on the publication of the uniform text of the regulation of the Minister of Labor and Social Policy on the determination of cases in which a work permit for a foreigner is issued regardless of the detailed conditions for issuing work permits to foreigners

Act of 12 December 2013 on foreigners

Regulation of the Minister of Family, Labor and Social Policy of 7 December 2017 on issuing a work permit for a foreigner and entering a declaration on entrusting work to a foreigner in the register of declarations

Regulation of the Minister of Development, Labor and Technology of November 20, 2020 amending the regulation on cases in which entrusting work to a foreigner in the territory of the Republic of Poland is permissible without the need to obtain a work permit

Prepared by: Editorial team of the Green Line

Work permit - Artykul

Work permit