How to legally employ foreigners in Poland?

Employing individuals from abroad can bring immense value to businesses – there is no doubt about that. However, the process itself may seem a little daunting. After all, hiring a foreigner in Poland requires employers to navigate the complex landscape of legal requirements and procedures.

Therefore, let’s look into the subject, and try to the essential question:

What is legally required to hire a foreign employee, if one so desired?

What are the key requirements for employing foreign workers?

Employers can contribute to a smooth and lawful employment process by ensuring proper documentation and compliance with the law, which benefits both parties – employers and employees.

But before a foreign citizen can start working in Poland, employers must meet the four following criteria:

Employers are responsible for obtaining a work permit or a seasonal work permit for the foreigner. Alternatively, the individual may apply for a temporary residence and work permit, often referred to as a "single permit", which covers both residence and employment.

The foreign worker must hold a valid residence document, such as a visa or a residence card. This document ensures that their stay in Poland is lawful.

The purpose of the individual’s stay in Poland must permit employment. For example, someone with a tourist visa is not authorized to work.

The nature of the foreigner’s work, including job role and salary, must align with the details outlined in their work or residence permit. Adjustments to work conditions are permitted for up to 30 days per year, but employers must notify the local voivode (regional authority) in writing within seven days of the changes.

Work permit exceptions

In some cases, foreigners are exempt from needing a work permit. These exemptions apply to individuals who:

• Hold refugee status, humanitarian protection, or similar residence rights.
• Possess a valid Pole’s Card.
• Are married to a Polish citizen and have a temporary residence permit linked to their marriage.
• Are full-time students or graduates of Polish universities.
• Have completed education at a Polish secondary or post-secondary institution.

Single permit – simplifying residence and work authorization

Those foreigners who intend to work in Poland for over three months can apply for a temporary residence and work permit (single permit). This single document allows both residence and work, streamlining the process by eliminating the need for separate applications for a residence permit and a work permit.

Work restrictions on certain visas and permits

However, it is important to remember that all the visas do not offer equal rights. And so. foreigners cannot work in Poland under the following circumstances:

• Holding a tourist visa (visa type "01").
• Using a visa issued for temporary protection (visa type "20").
• Staying under a temporary residence permit for short-term circumstances

90 days of visa-free travel and work

Suppose citizens of countries such as Ukraine, Moldova, and Georgia have a biometric passport. In that case, they may enter Poland without a visa for up to 90 days within a 180-day period, under Schengen zone rules. However, for stays exceeding 90 days or continued work, a valid residence document is required.

Simplified hiring for specific countries

Foreigners from Belarus, Moldova, Georgia, Armenia and Ukraine can work without a work permit if all the three following conditions are met:

• The employer submits a statement to the local labor office about entrusting work to the foreigner.
• The labor office registers this statement before work begins.
• Work adheres to the conditions specified in the statement, for up to 24 months.

Interestingly, it’s possible to continuously employ a foreigner by submitting ongoing declarations, which the district labor office can track for a period of 24 months.

Poland offers special provisions for Ukrainian citizens

Due to the ongoing conflict in Ukraine, citizens arriving in Poland after February 24, 2022, have the right to legal residence until September 30, 2025. Ukrainian citizens do not need a work permit or a statement if:

• The employer notifies the district labor office of the employment via praca.gov.pl within seven days of the start date.
• The job offers hours and wages consistent with the notification and Polish minimum wage laws.

All in all – why does compliance with these rules matter?

Hiring a foreign worker requires careful attention to legal processes, from obtaining work permits to verifying residence documentation. Following these steps ensures a smooth hiring experience, protects both the employer and the employee, and builds a solid foundation for successful employment in Poland.

By staying compliant, businesses not only meet legal obligations but also create opportunities to access skilled talent worldwide.

Sources:

PIP.gov.pl, „Jak legalnie zatrudnić cudzoziemca”