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The declaration on entrusting work to a foreigner

This article is written according to the legal status current as of: 2018-01-05

Declaration on the intention to employ a foreigner

Who may be employed on the basis of the declaration on entrusting work to a foreigner and how long may the employment last?

Foreigners who are the citizens of Belarus, Georgia, the Republic of Moldova, the Russian Federation, the Republic of Armenia  and Ukraine may be employed in Poland on the basis of the above declaration. They may work for the period of up to six months within 12 consecutive months on the basis of the declaration.

Useful information!

The limit of six months concerns particular foreigner, not the employer. The foreigner may work for several employers,  provided that he does not exceed the time limit.

Where can you register the declaration?

The declaration must be registered in a district labour office competent for the place of permament stay or registered office of the entity submitting the declaration. District Labor Office enters a declaration on entrusting work to a foreigner in the record of statements.

The original document must be handed in to the foreigner. The registered declaration is a document on the basis of which the foreigner has the right to apply for a visa in a Polish diplomatic agency or for a residence permit to the competent Province Office.

The entity entrusting work should notify the labour office in writing on the day when the foreigner commences work. In case the foreigner does not take up the employment, the employer is also obliged to inform the labour office within 7 days from the date of commencement of work, as it was specified in the records of declarations.

Remember!

The declaration is to be registered in the competent labour office by the employer himself/herself, and it applies only to work for the particular employer. The declaration registered by one employer is not valid if the foreigner wants to start working in another workplace.

Is the registration of the declaration on entrusting work to a foreigner payable?

The provisions regarding the registration of declarations have changed since 1 January 2018. At present, the entity entrusting work to a foreigner on the basis of a declaration, in order to make entries in the records, is obliged to pay a one-off payment of PLN 30.

When the starost may refuse to enter the declaration into the record of statements?

The starost may refuse to enter the employer's declaration on entrusting work to a foreigner, to the register of statements, among others if:

  • from the circumstances it appears, that the declaration was made pro forma,
  • the declaration will be used by a foreigner for purposes other than work for a given entity,
  • the entity entrusting the work does not fulfill the obligations related to running a business or entrusting work to other people.

The information necessary to determine the circumstances that affect the issuing of the decision is made available by: Border Guard Authorities, National Labor Inspectorate (PIP), National Fiscal Administration and Social Insurance Institution (ZUS).

Additional information

Work, that is performed on the basis of the registered declaration, must be conducted on the basis of a written agreement, according to the conditions set out in the declaration.

The employer who hires a foreigner has the same obligations as when he employs the citizen of Poland, within:

  • reporting the employment of the foreigner to the Social Insurance Institution (ZUS) and paying contributions,
  • calculation, collection and payment of income tax payments.,
  • regulations of the Labour Code.

Legal basis:

Regulation of 21 April 2015 of the Minister of Labour and Social Policy on cases when employment of a foreigner on the territory of the Republic of Poland is possible without the necessity of obtaining a work permit

Regulation of 8 December 2017 of the Minister of Family, Labour and Social Policy amending the regulation on cases when employment of a foreigner on the territory of the Republic of Poland is possible without the necessity of obtaining a work permit

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

Development: Editorial team of Zielona Linia


Remember! All the materials posted on the portal www.zielonalinia.gov.pl have been drawn up by the editorial group and are for your information. The editors have put a considerable effort to make the provided information accurate and reliable. However, the information does not constitute a binding interpretation of the law.