Work permits for non-EU citizens
Non-EU citizens who possess a permit for settlement, permanent resident permit, or refugee status in Poland are exempted from an obligation of applying for a work permit. In addition, foreigners coming to Poland under the following categories, among others, do not require a work permit:
• foreign language teachers working in accordance with international conventions of which Poland is a party, or agreements signed by the Ministry of Education;
• foreigners working under the framework of international agreements which allow the employment of such persons without work permits;
• media correspondents accredited in Poland;
• students working as interns in programs organized by student organizations;
• full-time students in Poland working during their vacation period for up to 3 months;
• members of the Management Board of Polish legal entities exercising duties in Poland for up to 30 days a year;
• professionals occasionally giving lectures, speeches, or presentations of scientific or artistic character; and
• artists staying for up to 30 days in a calendar year.
As a general rule, an employer should not enter into an employment contract with a foreigner without first having obtained a work permit. Once the work permit has been obtained, an employment contract may not be concluded for a period longer than that specified in the permit.
A work permit is always valid only for a specified foreigner, working for a determined company in a particular post, and for a limited period of time. The work permit is issued by the Labor Office (Urząd Pracy) after the office has analyzed the status of the Polish labor market. The system of permits was introduced in order to give employment priority to unemployed Polish citizens who fulfill the requirements required by an employer for a given post.
It is when an employer demands particular skills that there is an opportunity for employing a foreigner, as an employer may require skills that only a particular foreigner possesses. This not withstanding, one should remember that the employer will be obliged to prove that the potential employee is actually in possession of such skills, so these skills cannot be invented.
Although it is the employer who is required to file the motion with the Labor Office, both the employer and the foreigner employed without a work permit must be prepared to bear the consequences of illegal employment. A foreigner employed illegally may be fined up to zł.5,000. Until recently, Polish law provided for a penalty of expulsion from Poland, but fortunately this regulation has been repealed.
The procedure concerning this type of offence takes place before the lower courts - municipal courts. Nevertheless, a person sanctioned with a fine is not put on the Central Register of Convicted People (a register, generally speaking, of criminal convictions).
There are two procedures for obtaining a work permit. The choice of either procedure will depend on the work the foreigner is going to perform. For instance, foreigners sent by a parent company to occupy a senior or managerial post in the Polish branch or subsidiary of a multinational company, should apply for their work permit using a different procedure than the one applicable to a foreigner who is only temporarily residing in Poland and looking for a job.
Before applying for a work permit, it is important to get professional assistance in order to determine the type procedure applicable to a particular case. An application filed through the wrong procedure can cause inconveniences and unncessary delays to the applicant.
Issues and details related to the procedure for obtaining a work permit, and the documents that must be filed together with the application, will be described and discussed in a separate article.
Alma Jenkins-Konarski and Aleksandra Dalecka are attorneys at Marek Zdanowicz & Partners in Warsaw.
• foreign language teachers working in accordance with international conventions of which Poland is a party, or agreements signed by the Ministry of Education;
• foreigners working under the framework of international agreements which allow the employment of such persons without work permits;
• media correspondents accredited in Poland;
• students working as interns in programs organized by student organizations;
• full-time students in Poland working during their vacation period for up to 3 months;
• members of the Management Board of Polish legal entities exercising duties in Poland for up to 30 days a year;
• professionals occasionally giving lectures, speeches, or presentations of scientific or artistic character; and
• artists staying for up to 30 days in a calendar year.
As a general rule, an employer should not enter into an employment contract with a foreigner without first having obtained a work permit. Once the work permit has been obtained, an employment contract may not be concluded for a period longer than that specified in the permit.
A work permit is always valid only for a specified foreigner, working for a determined company in a particular post, and for a limited period of time. The work permit is issued by the Labor Office (Urząd Pracy) after the office has analyzed the status of the Polish labor market. The system of permits was introduced in order to give employment priority to unemployed Polish citizens who fulfill the requirements required by an employer for a given post.
It is when an employer demands particular skills that there is an opportunity for employing a foreigner, as an employer may require skills that only a particular foreigner possesses. This not withstanding, one should remember that the employer will be obliged to prove that the potential employee is actually in possession of such skills, so these skills cannot be invented.
Although it is the employer who is required to file the motion with the Labor Office, both the employer and the foreigner employed without a work permit must be prepared to bear the consequences of illegal employment. A foreigner employed illegally may be fined up to zł.5,000. Until recently, Polish law provided for a penalty of expulsion from Poland, but fortunately this regulation has been repealed.
The procedure concerning this type of offence takes place before the lower courts - municipal courts. Nevertheless, a person sanctioned with a fine is not put on the Central Register of Convicted People (a register, generally speaking, of criminal convictions).
There are two procedures for obtaining a work permit. The choice of either procedure will depend on the work the foreigner is going to perform. For instance, foreigners sent by a parent company to occupy a senior or managerial post in the Polish branch or subsidiary of a multinational company, should apply for their work permit using a different procedure than the one applicable to a foreigner who is only temporarily residing in Poland and looking for a job.
Before applying for a work permit, it is important to get professional assistance in order to determine the type procedure applicable to a particular case. An application filed through the wrong procedure can cause inconveniences and unncessary delays to the applicant.
Issues and details related to the procedure for obtaining a work permit, and the documents that must be filed together with the application, will be described and discussed in a separate article.
Alma Jenkins-Konarski and Aleksandra Dalecka are attorneys at Marek Zdanowicz & Partners in Warsaw.
