Information from the district governor concerning the situation on the labour market

What is it?

It is information from the district labour office competent that:

• according to the registers of the unemployed persons and job-seeker there are no persons with sufficient qualifications to undertake the job that is to be offered to the foreigner, or
• recruitment for a position that is to be offered to the foreigner among people registered with the labour office brought negative results.

In order to obtain the above information the employer submits a job offer for a position dedicated to the district labour office competent for the place where work is to be performed. The procedure is called the labour market test.

In the case when it is impossible to indicate the place of work performance, information is issued by the district labour office competent for the registered seat or address of the employer.

Information from the district labour office is issued upon the employer’s request within:

• 14 days of submitting the job offer to the labour office, if according to the registers of the unemployed persons and job seekers there are no persons interested in undertaking the job;
• 21 days of submitting the job offer to the labour office if the recruitment for the indicated position brings negative results.

Is it always required?

The Province Office issues the work permit without the necessity of obtaining the above information if:

• a job that the foreigner is to undertake is included in the list referred to in Article 10 par.4 point 1 of the Act of 20 April 2004 on employment promotion and labour market institutions issued by the Province Office competent for the place of work performance,
• the employer applies for prolongation of the work permit for the same employee who will work in the same position.
• Additionally, below is a list of foreigners released in the case of which the employer is released from the obligation to obtain information from the district labour office:
• a foreigner authorised to represent a foreign company in his branch or representative office on the territory of Poland,
• nationals of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova or Ukraine who are to carry out nursing-care work or other domestic work in a household,
• nationals of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova or Ukraine who was employed for a period of not less than 3 months with the same employer and the same position in accordance with the declaration of entrusting work to a foreigner entered in the records of declarations – on condition that a statement on entrusting work to an alien entered in the records of declarations and employment contract and documents confirming the payment of social security contributions are provided,
• sports trainers or sportsmen who work for sports clubs or other institutions whose statutory activity includes promoting sport and physical education,
• doctors and dental doctors undergoing training or carrying out a specialisation programme,
• foreigners who graduated from a school or university with the seat in the territory of Poland, other EEA member country or the Swiss Confederation no longer than three years before issuance of the work permit,
• when a foreigner for at least three years prior to filing of the application for a residence permit resided legally on the territory of Poland, with the exception of the cases referred to in Article 110 of the Act of June 2003 on aliens (art. 110). 

Legal basis

Act of 20 April 2004 on employment promotion and labour market institutions (Article 88c)

Regulation of 29 January 2009 of the Minister of Labour and Social Policy on the circumstances in which a work permit is issued to a foreigner regardless of detailed terms defined for the issuance of a work permit

Regulation of8 December 2017 of the Minister of Family, Labour and Social Policy amending the regulation that defines circumstances in which a work permit is issued to a foreigner regardless of detailed terms defined for the issuance of a work permit

Regulation of the Minister of Family and Social Policy of 25 October 2022 amending the regulation on the cases in which a work permit for a foreigner is issued regardless of the detailed conditions for issuing work permits to foreigners

Regulation of the Minister of Family and Social Policy of October 25, 2022 amending the regulation on the countries whose citizens certain provisions on the seasonal work permit and on the declaration of entrusting work to a foreigner apply

Development: Editorial team of Zielona Linia