Employment of Foreigners in Poland – Step by Step – What Documents to Prepare?

Hiring a foreigner in Poland is a process that requires fulfilling various formalities. Depending on the nationality of the potential employee, the procedures may differ. It is important to know the key rules and documents that need to be prepared to ensure compliance with Polish law when employing a foreigner. This article provides details about employing individuals from various countries, including citizens of the European Union (EU), European Economic Area (EEA), and non-EU/EEA countries, as well as a step-by-step description of the procedure for obtaining the necessary documents.

Employment of Foreigners in Poland– Key Rules

Employing a foreigner in Poland is closely related to their residence status and citizenship. Employers must follow several key rules that depend on the country of origin of the prospective employee. There are three main groups of foreigners:

1. EU Citizens – Do not require a work permit or visa, and their employment does not involve any additional formalities. The only obligation is to report their stay if they plan to stay in Poland for more than 3 months.
2. EEA Citizens – Similar to EU citizens, they do not need a work permit. The employment conditions are nearly identical to those for EU citizens.
3. Non-EU/EEA Citizens – Employing such individuals requires obtaining a work permit and the appropriate residence permit (temporary or permanent). Additionally, for citizens from certain countries (e.g., Ukraine, Armenia, Belarus, Moldova, Georgia), there is a simplified procedure that allows employment without a permit for up to 6 months within a 12-month period.

Hiring Foreigners from the EU or EEA

Hiring EU or EEA citizens is simpler since they do not require any additional work permits. The procedure for employment is almost identical to that for Polish citizens. However, a foreigner who plans to stay in Poland for more than 3 months must report their stay to the appropriate provincial office.

For the employer, this means that the only formalities to be fulfilled are:

• Signing a written employment contract or civil law agreement,
• Ensuring the minimum wage complies with Polish law (minimum hourly rate or minimum wage),
• Verifying the validity of the foreigner’s residence documents,
• Reporting the employment to ZUS (Social Insurance Institution) if the foreigner is covered by social and health insurance.

Hiring Foreigners from Non-EU and Non-EEA Countries

Hiring a foreigner from outside the EU and EEA requires fulfilling more complex formalities. The key document is the work permit. Depending on the type of employment, different types of work permits may be issued. There are also several types of residence permits that the foreigner must obtain to legally stay and work in Poland.

Types of Work Permits

1. Type A Work Permit – Applies to foreigners employed by a company registered in Poland. The foreigner must receive a salary comparable to that of Polish workers in the same position. The permit is issued for a maximum of 3 years.
2. Type B Work Permit – Applies to foreigners employed in managerial positions in companies. For large companies (with more than 25 employees), the permit may be valid for up to 5 years.
3. Type C Work Permit – For employees delegated by a foreign company to work in a branch in Poland for more than 30 days in a calendar year.
4. Type D Work Permit – Applies to workers providing services for foreign employers who do not have a permanent business in Poland.
5. Type E Work Permit – For workers delegated to Poland for more than 30 days, but for purposes other than those covered by permits of types B, C, and D.
6. Type S Work Permit – For seasonal work performed by foreigners in agriculture, gastronomy, and other seasonal industries. This permit is issued for a maximum of 9 months per year.

Step by Step – How to Obtain a Type A Work Permit

1. Check the Foreigner’s Residence Status
   Before starting the employment process, ensure that the foreigner has legalized their stay in Poland. This could be a visa, temporary or permanent residence permit, or biometric passport. Ukrainian citizens who arrived in Poland due to the war may benefit from temporary protection, allowing legal stay until March 4, 2024.
2. Submit the Work Permit Application
   The employer must submit an application to the appropriate provincial office. The application must include:

• A statement of no criminal record for the foreigner,
• Data protection clauses,
• A copy of the foreigner’s identity document,
• A certificate from the District Labor Office confirming that no suitable employee was found among the unemployed,
• Proof of payment for the work permit.

3. Report the Foreigner to ZUS (Social Insurance Institution)
   Once the foreigner starts working, the employer is required to report them to the social and health insurance in ZUS. This must be done within 7 days of starting employment.

Extending a Work Permit

A Type A work permit is issued for no more than 3 years. To extend it, the employer must submit an application for an extension no earlier than 90 days before its expiration, and no later than 30 days before the permit expires.

For Ukrainian citizens, there is no need to extend the work permit; it is sufficient to report the employment to the District Labor Office.

Conclusion

Hiring a foreigner in Poland involves certain procedures that depend on the employee’s citizenship and residence status. Employing citizens from the EU or EEA is relatively simple, while employing foreigners from outside these areas requires obtaining the appropriate work and residence permits. It is important to ensure that all formalities are completed according to the law to avoid legal and administrative issues.

Source: PIP

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