Employment of foreigners
This article is written according to the legal status current as of: 2023-01-20
When discussing issues relating to the employment of foreigners in the territory of the Republic of Polandyou may come across many terms that need explanation. Check out their meaning in order to better understand regulations presented in this section.
Employment of foreigners
The Card of the Pole – a document confirming belonging to the Polish nation which entitles its holder to work legally in Poland without a work permit.
Tolerated stay – a status granted if the expulsion of the foreigner could be effected only to the country where his/her right to life and liberty would be threatened or if the expulsion of the foreigner is unenforceable due to reasons independent of the body enforcing the decision on expulsion or of the foreigner.
Residence card – a document that certifies a foreigner's identity during his/her stay in Poland. Besides that, along with a travel document, it allows a foreigner to cross the Polish border many times without a visa.
EAA – European Economic Area; it unites the 27 EU Member States and the three EEA EFTA States (Iceland, Liechtenstein, and Norway) into an Internal Market governed by the same basic rules.
Refugee status – a status granted to an alien who has a well-founded fear for being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion and owing to that fear he/she is unwilling to avail him-/herself of the protection of that country.
Supplementary protection – a status granted to a foreigner who does not fulfil the terms and conditions of receiving a refugee status; nevertheless, his/her return to the country could expose him to actual risk of incurring serious injury through awarding a penalty of death or performing the execution.
Asylum – it is granted to a foreigner when providing her/him with protection is necessary and if it lays in the best interest of the Republic of Poland. Such a foreigner is granted a permit to settle.
Performance of work by a foreigner – refers to employment, performance of other paid work or performing functions in the management boards of legal entities engaged in business activities, or managing the affairs of a limited partnership or limited joint-stock partnership by the general partner, or acting as a proxy.
Illegal work performed by a foreigner – refers to work performed by a foreigner who is not authorized to perform work within the meaning of art. 87 par. 1 or does not have a proper work permit, without being exempt under special provisions from the obligation to have a work permit, or whose basis of stay does not entitle him to work.
Illegal employment of a foreigner – refers to entrusting work to a foreigner who is not entitled to work in Poland or does not have a proper work permit, without being exempt under special provisions from the obligation to have a work permit, or whose basis of stay does not entitle him to work, or who performs work on other conditions or in a different position than specified in the work permit, subject to art. 88f par. 1a-1c or art. 88s para. 1 and 2, or who performs work on other conditions or in a different position than specified in the temporary residence permit referred to in art. 114, 126, 127 or in art. 142 para. 3, subject to art. 119 and art. 135 para. 3 of the Act of 12 December 2013 on Foreigners, or performs work without concluding a contract of employment or a civil law contract in the required form.
Work performed in a highly skilled profession – performance of work in a profession requiring high qualifications - performance of work by a foreigner with competences confirmed by higher professional qualifications, who, regardless of the legal relationship between the parties, performs work for or under the direction of another person for remuneration.
High professional skills – qualifications obtained in the course of higher education studies,
or at least comparable five years' professional experience, necessary to perform the work specified in the contract of employment or a job offer.
Temporary residence permit and work permit – it is granted when a foreigner plans to stay on the territory of the Republic of Poland in order to perform work and he/she meets all of the requirements indicated in Article 114 par. 1 od the Act of 12 December 2013 on Foreigners
Temporary residence permit for work in highly skilled professions (EU blue card) – it is granted for skilled workers who intend to reside on the territory of Poland in order to perform in highly skilled profession and meet all of the conditions listed in Article 127 of the Act of December 2013 on Foreigners
Act of 20 April 2004 on employment promotion and labor market institutions, Art. 2
Act of 12 December 2003 on foreigners, art. 3, art. 114, art. 127
Development: Editorial Team od Zielona Linia