How to employ a foreigner?
Foreign employees are an opportunity for many Polish companies to fill vacancies and develop their business. Jobs in Poland are particularly popular among immigrants from Ukraine, Belarus or Russia, but there is also no shortage of workers from China, India, the Philippines and many other countries around the world in our country. What does the employment of a foreigner look like? What formalities must be met? Read and check!
How to employ a foreigner – the basics
Certainly, it cannot be said that the employment of a foreigner in Poland is a problematic issue. However, it is associated with certain important legal regulations and procedures. Their fulfillment is necessary if you want to avoid problems with the justice system.
It is worth knowing that a foreigner is considered to be any person who does not have Polish citizenship, while employment is the performance of work on the basis of an employment relationship, an employment relationship and a homework contract. A foreigner may also perform work or provide services under civil law contracts. In most cases, hiring a foreign national requires applying for a permit.
Employment permit for a foreigner
A permit to employ a foreigner can be obtained from the voivode after submitting an appropriate application. This is an obligation that belongs to the employer. In order to receive a permit, two main conditions must be met:
- the remuneration of the foreigner specified in the contract cannot be lower than the remuneration of employees in comparable positions,
- The voivode must receive a confirmation from the starost that the employer’s staffing needs cannot be met – on the basis of data on the unemployed and job seekers or the results of recruitment conducted by the employer.
It is also possible to obtain a permit to employ a foreigner in the so-called simplified mode – without information from the starosta. This happens only if the profession or type of work that the foreigner would perform is included in a special list. It is also not necessary to obtain information from the starost when renewing the permit, as long as it concerns the same employee and the same position.
A permit to employ a foreigner is issued for a definite period of time (maximum 3 years), unless he or she serves on the management board of a company having the status of a legal person and employing (on the date of submitting the application) more than 25 people – then the permit may cover up to 5 years. If the foreigner is to be delegated to perform an export service, the permit covers only the period of delegation. Obtaining a permit involves a fee for the State Treasury (from PLN 50 to 200, depending on the type and duration of the permit). The fee for an application for renewal is half of the amount required for obtaining a permit. There are 5 types of work permits for foreigners in the territory of the Republic of Poland granted by the voivode, marked with letters from A to E. Seasonal work permits are marked with the letter S and granted by the starosta.
Hiring an employee from Ukraine – is a permit necessary?
However, there are cases in which a permit to employ a foreigner is not needed. This applies to, m.in, citizens of countries such as:
- Russia
- Ukraine
- Belarus
- Georgia
- Moldova
- Armenia.
In this case, a simplified employment procedure applies, as long as the foreigner performs work for a period not longer than 6 months within the next 12 months (regardless of the number of employers). In such a case, the employer is only obliged to submit a statement of intention to employ the district labour office.
A work permit for a foreigner in Poland is also not required in a number of other cases listed in Article 87 of the Act of 20 April 2004 on the promotion of employment and labour market institutions (Journal of Laws of 2018, item 1265). Without additional formalities, m.in refugees, people with a permit to settle in Poland, citizens of EU, EEA or Swiss member states can be employed. In addition, a permit is not required for:
- foreign language teachers in nursery schools, schools, other educational institutions, teacher training institutions, colleges referred to in the school education regulations or in the Voluntary Labour Corps (OHP);
- full-time students of studies in the Republic of Poland (but only in July, August and September),
- students doing professional internships referred by organizations that are members of international student associations,
- posted to the territory of the Republic of Poland by a foreign employer, if they retain their permanent residence abroad, for a period not exceeding 3 months in a calendar year.
Recruitment of employees from abroad
Are you interested in supplementing the staff with foreigners, but you don’t know how to go about it? The best idea will be to recruit employees from abroad organized by a reliable intermediary, such as Leasing Team. This way it is possible to hire an employee from Ukraine, Belarus, Moldova or other countries in the East, as well as from Asian countries such as India, Nepal or the Philippines. Thanks to this, you will not only be relieved of all formalities, but also gain employees with competencies perfectly suited to a given position. As part of the service, it is also possible to help with HR and payroll, as well as the organization of accommodation or travel. The agency also deals with the preparation of contracts. Thanks to this, the complicated process of employing foreigners becomes much simpler!
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