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Work permit

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

Work permit

Who is authorized to issue a work permit?

A work permit is issued by the Province Office competent for the registered seat or the address of the employer who intends to employ the foreigner, or the seat of the entity where the foreigner is delegated. The work permit is only issued upon the application submitted by the employer who intends to employ the foreigner.

The work permit indicates the name of employer, position and type of work, expiration date, the lowest possible remuneration that the employer may receive, working time or number of working hours in a week or month, type of contract being the basis for performing work and period of validity of the permit.

Useful information

When applying for a work permit type A, the employer is also obliged to submit the information from the district labour office 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.
    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,
  • the employer applies for prolongation of the work permit for the same employee who will work in the same position, 
  •  lack of such necessity result from the separate provisions.

A work permit is required when the foreigner:

  • performs work on the territory of the Republic of Poland on the basis of the agreement with the entity, whose seat, place of residence or section, institution or other form of organized activity is localised on the territory of the Republic of Poland – work permit type A;
  • stays in Poland for a period exceeding 6 months within the following 12 months due to performing function in the management board of legal person that has an entry in the National Court Register (KRS) or is a capital company in the organization, or in connection with conducting the affairs of a limited partnership or limited joint-stock partnership as a general partner, or in connection with granting him a power of attorney – work permit type B;
  • 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 the department or institution of the foreign entity or of the entity affiliated with the foreign employer as referred to in the Act of 26 July 1991 on natural persons’ income tax – work permit type C;
  • performs work for a foreign employer, who does not have any department, institution or other type of organised activity on the territory of the Republic of Poland and is delegated to Poland in order to provide service of temporary and occasional nature (export service) – work permit type D;
  • 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 following 6 months for reasons other than indicated in points 2-4 - work permit type E
  • performs work on the territory of the Republic of Poland in the scope of activities specified in the ordinance of the Minister of Family, Labor and Social Policy in the matter of subclasses of activity according to the classification of Polish Classification of Activities, in which seasonal work permits are issued to foreigners, on the basis of the agreement with the entity, whose seat, place of residence or section, institution or other form of organized activity is localised on the territory of the Republic of Poland – work permit type S.

Remember!

It is the employer who applies for a work permit, and it is valid only when the foreigner works for this particular employer. The work permit obtained by one employer is not applicable if the foreigner wants to start working in other workplace.

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

  • change in the registered seat or address, company name or type of business entity as well as in the case of a takeover of the entire company or its part, transfer of the workplace or part of it to another employer or replacement of a civil law contract with an employment contract;
  • employment of the foreigner for a period not exceeding 30 days within a calendar year in a job of a different type or in a different position than that indicated in the work permit, provided that other conditions indicated in the work permit and requirements indicated in Article 88 of the Act are met;
  • situation when the employer reduces the foreigner’s working time as referred to in the Act of 11 October 2013 on special solutions related to the jobs protection.

The employer must apply for work permit prolongation no sooner than 90 days but no later than 30 days before the expiration date of a current work permit.

What are the application fees?

The application fees differ according to length of employment and work permit type and are as follows:

  • PLN 50 – in the case of application for a work permit for a period of up to 3 months,
  • PLN 100 - in the case of application for a work permit for a period of more than 3 months,
  • PLN 200 – in the case of D-type application (for an employee delegated for the purpose of providing an export service),
  • PLN 30 - if the entity entrusting the work to a foreigner intends to entrust the performance of work on the basis of a seasonal work permit.

Application for permit prolongation is 50% of the above amounts. However, in the case of submitting an application for issuing an extension of a seasonal work permit, the entity entrusting the work to a foreigner makes a payment of PLN 30.

How long is the work permit valid?

The work permit is issued for a fixed period of time but for not longer than three years and may be renewed.
In the case of the foreigner who:

  • works as a member of the board of a legal person, who at the date of the submission of the application employs over 25 people, a work permit may be issued for a period of exceeding 5 years,
  • is delegated by a foreign employer to provide an export service, a work permit may be issued for the period of delegation.

If the deadline for submitting an application for work permit prolongation is met and the application does not contain any formal defects or formal defects were corrected on time, work performed by the foreigner is considered legal from the date of submitting the application to the date of final decision.

Additional information

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

  • application to Social Insurance Institution and paying contributions,
  • calculation, collection and payment of income tax payments,
  • regulations of the Labour Code.

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

Legal basis:

Act of 20 April 2004 on employment promotion and labour market institutions (Article 87 par. 2, Article 88, Article 88a-88f)

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

Act of 28 July 2011 on the legalization of stay of some foreigners on Polish territory and amending the Act on granting protection to foreigners on Polish territory and the Act on aliens

 

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.