Legalization of stay and work of foreigners – practical advice for employers
Companies in Poland employ an increasing number of foreigners, most often citizens of Ukraine. Regulations on the legalization of stay and work of foreigners, although they may seem obvious, are not at all in terms of labor law. Knowing them is crucial to legally employ employees and not to expose yourself to unpleasant legal consequences.
So what are the basic issues that the employer should know and remember when hiring a foreigner?
- The contract that is concluded with the employee must be drawn up in accordance with the candidate’s declaration of entrusting work (invitation). The position and salary must be the same on both documents. The exception is when working conditions are improved. The statement may then include a lower salary and a higher salary on the contract. According to this principle, an employee can also, for example, switch from a contract of mandate to an employment contract, as this is a beneficial change. However, in the case of a change in the other party – i.e. to a lower salary or to a less legally advantageous (less stable) job – a change in the declaration is also required.
- Both the contract and the OHS training should be drawn up and conducted in a language understandable to the foreigner.
- The employee’s working time should be declared by the employer on the work permit.
- In the case of employment of a foreigner, regardless of whether he or she is employed directly by the company or by an employment agency, the employer must report to the office within 7 days whether the employee has taken up work or not. It often happens that the employer does not meet the deadline specified by law, which carries criminal liability.
Do you have doubts? Do you need support in legalizing the stay and work of foreigners, or maybe you need support in recruiting them? Contact us! Fill out the form.
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