Intention to hire foreign workers
10 Feb 2020
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Poland welcomes foreigners from neighbouring countries. The movement of labour from countries close to our borders benefits both sides. If you want to work in Poland and are from Armenia, Belarus, Georgia, Moldova, Russia, or Ukraine, keep reading!
Even though some of Poland's neighbours have not joined the European Union (Belarus, Ukraine, and the Russian Federation), there is a close connection between their labour markets, and it has called for more lenient regulations for their nationals. The same is true for citizens of Armenia, Georgia, and Moldova, despite the fact that these countries do not share a border with Poland.
Citizens of the aforementioned countries will take up non-seasonal* employment in Poland without the need for a work permit if the work duration does not exceed 6 months within the next 12 months, thanks to the introduction of the employer's declaration of intent to employ a foreigner. If this is the case, they can apply for a work permit on normal grounds.
Do you want to learn more about work permits?
Who is allowed to file the declaration?
Similarly to work market assessments, it is the employer's responsibility to handle the formalities. The employer can be any of the following:
1. A legal entity that is required to have an entry in the National Court Register (KRS) or in the Central Registration and Information on Company.
2. A natural individual who shows their ID and can confirm a steady stream of income. These individuals are limited to filing four declarations each year.
3. An employer that has been in operation for at least a year hires at least one employee and cannot meet their recruitment needs on the local labour market.
Stage by stage
There are a few critical steps that must be taken in order for the operation to be efficient. Your employer must handle the formalities, which are as follows:
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The employer submits a work offer to a local jobs office (Powiatowy Urzd Privacy in Polish). This should be done at least 10 days before sending the declaration.
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The declaration is recorded in the respective jobs office at least 14 days before the expected start date of the cooperation. Click here to download the form, as well as the letter of rights on the last page of the packet. All appropriate documentation verifying the employer's legal status, as stated in the preceding paragraph, should also be submitted. Each document must have a duplicate.
- The employer gives one copy of the declaration to each prospective employee. If the recipient is located outside of the United States, it must be mailed to them. The other copy is also at the job centre.
- The foreigner may apply for a visa or temporary residence card after obtaining the declaration (depending on whether they are still residing abroad or are already in Poland).
- The declaration pave the way for the employer and the foreigner to sign a formal work contract or a civil law contract.
What else is there to learn?
Since the process for registering the declaration is free, any employer who charges you money is violating the law.
Similarly to work permits, the employment office should be informed if the employee fails to start or ceases working on the job stated in the declaration. If the employee wishes to change jobs, a new declaration must be filed.
The half-year cycle of legal work can be divided into smaller chunks. However, if it expires and the employee wants to continue working, a work permit is required. It is simpler in this case than in others since there is no need for a labour market test.
We wish all Armenians, Belarusians, Georgians, Moldovans, Russians, and Ukrainians the best of luck in their endeavours to work in Poland.
*Working in seasonal industries such as agriculture, horticulture, or tourism necessitates a category "S" work permit. More information about seasonal jobs in Poland can be found here.