As a general rule, the employment of a foreigner in Poland requires either a work permit or the submission of a statement on the assignment of work to a foreigner. The regulations provide for several types of permits. Some documents legalising a foreigner’s stay in Poland at the same time allow them to undertake legal work without obtaining a permit or statement.
Circumstances justifying work without a permit are specified in the following legal acts:
- Act of April 20, 2004 on employment promotion and labour market institutions (Journal of Laws of 2024, items 475, 742, 858, 863, 1089, 1572), Article 87(2)(3)
- Regulation of the Minister of Family, Labour and Social Policy of April 21, 2015 on cases in which entrusting work to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit (Journal of Laws of 2021, item 2291)
- Act of July 20, 2018 on Higher Education and Science (Journal of Laws of 2024, items 1571), Art. 325,
- Act of April 30, 2010 on the Polish Academy of Sciences (Journal of Laws of 2020, item 1796), Article 93.
The permit is issued by the governor at the request of the employer, for a specific foreigner, for a specific period of time and for work under specific conditions. Employment must take place under the conditions specified in this permit. The employer is required to give one copy of the obtained permit to the foreigner.
Some categories of foreigners benefit from a simplified procedure: instead of on the basis of a permit, they can work on the basis of a statement on entrusting work to a foreigner.
The statement applies to foreigners who meet the following conditions:
- They are citizens of Armenia, Belarus, Moldova, Georgia or Ukraine
- The work is to be performed for a maximum of 24 months and will start within 6 months of the submission of the statement
- The work is not seasonal work (a permit is required for seasonal work)
- The remuneration of the foreigner will not be lower than the remuneration of employees performing work of a comparable type or in a comparable position.
The statement is submitted to the District Labour Office. It can also be submitted online. The office keeps a register of statements. After entry in the register, within 7 days from the date indicated in the statement as the date of commencement of work, the employer is obliged to inform the district labour office in writing of the foreigner’s commencement or non-commencement of work.
Detailed information on declarations of entrustment of work to a foreigner can be obtained at: Oświadczenie o zatrudnieniu cudzoziemca | Biznes.gov.pl – Serwis informacyjno-usługowy dla przedsiębiorcy
Obligations of the employer before employing a foreigner:
- Requesting the presentation of a document enabling legal residence in Poland,
- To prepare and keep the document indicated in point 1 for the entire period of employment,
- Verifying whether the residence title held entitles the foreigner to legal work without a permit/statement, and if not – then the employer is obliged to apply for a permit or a statement on entrusting work to a foreigner, respectively. Accordingly, the permit or registration must be obtained before the foreigner starts work,
- Employing the foreigner under the conditions specified in the permit/statement,
- Informing the foreigner of the actions taken in connection with the proceedings for granting or extending the work permit and decisions to issue, refuse to issue or revoke the permit,
- Exercising due diligence in proceedings for granting, extending and revoking a foreigner’s work permit,
- Making available to the provincial governor, the head of the relevant tax office, the field organisational unit of the Social Insurance Institution, the consul, the authority of the State Labour Inspectorate, the Customs Service, the Border Guard or the Police, documents confirming the fulfilment of the above obligations, drawn up in Polish or translated into Polish,
- Informing within 7 days the provincial governor who issued the permit of changes in circumstances indicated in the regulations related to the work of a foreigner,
- In the case of a statement on entrusting work to a foreigner – Informing the district labour office in writing, within 7 days from the date indicated in the statement as the date of commencement of work, about the commencement or non-commencement of work by the foreigner,
Foreigners performing work in Poland on the basis of an employment contract or delegated to work in Poland shall perform work under conditions consistent with Polish regulations. Working conditions for foreigners, concerning, among other things, working time norms and dimensions, vacation time, minimum wages, settlement of overtime, and occupational safety and health, cannot be worse than those guaranteed by the Labour Code (Labour Code Act of June 26, 1974, i.e. Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
As a general rule, employment contracts and other labour law documents are drawn up in Polish if they bind persons who have a place of residence and provide work on Polish territory. Other language versions of the contract/document may additionally be drawn up.
An exception to the general rule is provided for contracts concluded with foreigners – at the request of a person who does not have Polish citizenship, a contract or other labour law document may be drawn up in a language other than Polish.
Legal basis:
Art. 8 paragraph 1b of the Polish Language Act of October 7, 1999 (Journal of Laws of 2024, item 1556).
The entity entrusting work to a foreigner is obliged to conclude a contract with them in writing and provide its translation into a language understood by the foreigner
Information current as of: .
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