To do this, the foreign person also needs to obtain a work permit (zezwolenie na prace dla cudzoziemca).
What is a work permit?
A work permit is a right to a foreign citizen to legally stay in Poland to work under the conditions specified in the permit. This document is issued at the request of a person intending to hire a foreign citizen.
A work permit can be obtained by a foreign citizen (non-EU) who legally resides in Poland based on:
- residence document issued by the state of the Schengen area;
- Residence permit;
- visa-free movement, if it provides for the possibility of employment.
Who can work without a work permit?
- Have refugee status;
- Received permission to settle in Poland;
- Enjoy temporary protection from this country;
- Citizens of EU member states;
- Have a Pole Card;
- Study or participate in internships.
Types of work permits
Depending on the type of work performed or intended, the types of required permits are also different:
- Type A. Issued if there is an agreement governing labor relations, including situations when employment is provided by a foreigner residing in the Republic of Poland;
- Type B. Received by foreign members of the board of commercial enterprises who need to fulfill their duties for more than six months every 365 days;
- Type C. Issued by employees of foreign companies operating in the Republic of Poland if their activities are to be carried out for more than thirty days during a year;
- Type D. It must be received by representatives of foreign firms that do not have their permanent missions in the Republic of Poland, who arrived for temporary duties;
- Type S. This is a permit for seasonal work. This type of permit (as well as the D05b visa issued on its basis) can have a maximum allowable period of 270 days per year;
- Type E. Other cases that are not falling under the previous types.
Obtaining a work permit
Consideration of the issue of issuing the work permit is carried out by the governor of the region where it is supposed to work. The employer submits the document (initiates the process). In addition to the passport, other documents are provided in the form of originals or notarized copies (with a sworn translation, if necessary).
During the examination of the case, the employee is sometimes invited to the Voivodeship for an interview or to provide additional information.
Documents required for obtaining a work permit
There is a general package of documents that don’t depend on the type of permits, and the information required separately for each type.
General package of documents includes:
- application for getting a work permit for a foreign worker;
- Document-basis for the legal entry into the RP of a foreign worker (copies of completed pages);
- Consent of the state authorities of the Republic of Poland to a foreigner to occupy a position, if we are talking about regulated professions (a list of specialties established by law, which can only be occupied by meeting certain requirements);
- If in the previous three years the foreigner has been legally staying in Poland (including studying in the Republic of Poland, EU, EEC, or Switzerland), a document confirming this fact is provided;
- A power of attorney from the employer, if another person is involved in the submission of documents;
- A receipt for payment of stamp duty, among other things, containing information about the full name of the foreign employee for whom the permit is being issued, information about the employer (name, address), and a note on the initial registration of the permit or its renewal.
The rest of the documents depend on the type of permission requested. In most cases, they are various extracts from state registers of enterprises in Poland, whose type depends on the form of organization of the legal entity.
How long does it take to get a permit?
The time for consideration of the case is limited by law. It should not exceed 1 month. But in extraordinary cases, it can take 2 months.
Possible reasons for refusal to issue a Permit
Refusal to issue a work permit may follow if the employer, when submitting documents or in the process of considering a case:
- has concealed truthful or provided false data;
- did not fulfill the conditions established by the legal norms;
- by a court verdict, he/she was found guilty of an offense, including:
- for violation of the labor legislation of the Republic of Poland in the area
- illegal employment;
- for violation of workers’ rights;
- for unreliable documents;
- for human trafficking;
- applied for a foreign worker who:
- is on the list of unwanted persons;
- was previously punished for inaccurate documents submitted to obtain a Permit;
- does not correspond to the proper qualifications for employment in one of the regulated professions.