Procedures and Legal Acts

In the case of the foreign workers employment our clients can choose from two alternative methods of employment legalization, i.e. simplified procedure and a standard procedure required to obtain a work permit for the employee.

Simplified procedure

In the short term employment the procedure of employing workers from the Ukraine, Belarus or Russia is divided into three parts:
- issuing the statement of the hiring intention
- receiving the Visa (the proper consulate or embassy – click here to see the full list of the Polish diplomatic agencies)
- arrival to the workplace in Poland

Standard Procedure

How to employ for the 12 month period.

Receiving a work permit in Poland is derived into two stages:

  • in the first stage the employer is given a vow of permit, which is a basis for a foreigner to apply for the documents legalizing his stay in Poland
  • in the second stage, after the legalization of the foreigner’s stay, a work permit will be issued

 


Full procedure:


First and the most important step is documenting, that the vacancy is free and requires non-EU citizen (i.e. there are no EU citizen eager to take up work at the given vacancy).

To do this you need to apply to the Employment Agency for a note stating the present situation. The awaiting period is 1 month. The application is free of charge.

After the receipt of the note please contact our office or fill the online order form. You will be contacted shortly by our consultant, who will set up and customize the eventual terms of cooperation.Later on you will be presented the results of your request – the screened candidates for the vacancy. When you accept the chosen candidates you (as future employer) are to apply to the Employment Agency for a vow of work permit for your new to-be employees.

At this stage the most important action to take is to prepare the documentation for the local Voivodship Office (Province Governor Office), which will finally decide about granting the work permit to your new employee.

If you decide to authorize EastWestLink, we will conduct the whole described process; your company will be only responsible for sending us the required documents.

 


The next step is applying for the work permit. To do this you need the following documents:

► work permit application
► payment slip (100 pln)
► Certificate of Entry in the Register of Business Activities (from the last 3 months)
► document stating the rights to the premises (if the workplace is in the other place than the registered address)
► the certificate of REGON assignment
► the certificate of the taxation identification number (NIP) assignment
► copy of the travel documents of the foreigner (filled)
► document confirming the foreigner’s qualifications and his education (certified translator – about 23 pln)
► employer’s statement about the authenticity of the given information
► a chart with the information regarding the present employment situation in the company
information from the (employer’s) county authorities about the placed work offer (also EURES)
► certificate of judicial unpunishability of the foreigner’s (Polish National Crime Index, or equivalent to US Bureau of Justice Statistics)
► authorization/power of attorney to represent the employer – if you are to be represented by someone else


ALL COPIES OF SUPPLIED DOCUMENTS ARE TO BE CONFIRMED WITH THE ORIGINAL BY THE EMPLOYER AND THE ORIGINALS LEFT TO BE AVAIBLE FOR INSPECTION.

After applying the documents the awaiting period is expected to be 1 month.

After you receive the answer – the vow of issuing the work permit for the candidate you have two options:

the candidate will receive the Visa in his country or
apply for the stay permit for a specified period of time; it is possible when applying the whole set of documents within the 45 day period before the current visa expires

The next stages of the procedure look the same in both cases:

 


After the foreigner receives the visa or the stay permit, you as an employer, to get the final work permit, apply to the local Employment Agency the following documents:

  • information when the new employee will be hired. You should remember that according to Polish law (source: Journal of Laws, 2004, No 99 pos. 1001 with later changes) the date of hiring cannot previous to the date of the issuing of the work permit
  • a copy of candidate’s visa or work permit
  • copy of all pages of candidate’s passport
  • confirmation of candidate’s stay and address (to be available for inspection)

Finally the work permit will be issued in the period of 1 week. Work permit gives the employee the same rights as Polish employees; an employer is also obliged to register him in the Social Insurance Institution (ZUS).You as the employer should also send the candidate the vow, which he will apply in the proper consulate to obtain the work visa. The attachment to the form is the vow issued by the province governor (the voivode).

After the candidate has received the decision about his stay permit you should inform the Province Governor Office about the expected date of employment. The Governor will issue the work permit for the maximum period of the visa. Next you will receive the permit and sign a contract with the new employee, with the expiry date no longer than the permit’s expiry date.

The following fees are to be paid:

up to 3 months permit application
more than 3 months permit application
delegated employee permit
export service realization
prolongation of the latter permits

In cooperation with: