Are you an entrepreneur already running or planning to start a business in Poland? Would you like to hire here a non-resident coming from outside the EU, EEA or Switzerland? To do so, you need to first obtain a relevant work permit for them. Read on to learn what types of work permits there are in Poland and how they differ from each other.
Employing a non-resident in Poland requires proving their legal residence and work. The former is to be dealt with by the future worker, whereas it is always the employer whose task is to apply for a work permit. It is necessary to receive a relevant work permit regardless of its legal basis, which can be an employment relationship, a civil law contract or other legal form. Foreigners can work in Poland based on one of the following legal grounds:
• a notification on entrusting work to a foreigner à for persons covered by the Law of March 12, 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of Ukraine,
• a statement on entrusting work to a foreigner à available for a maximum period of 24 months for citizens of: Armenia, Belarus, Georgia, Moldova, Russia or Ukraine,
• a work permit of A, B, C, D, E, or S type à work permits are a general measure that can be issued to any foreigners regardless of their citizenship and the circumstances of their stay in Poland. Now let us take a closer look at the distinguished types of work permits:
• Type A – for a foreigner who performs work in the territory of Poland, on the basis of a contract with an entity whose registered office, place of residence or branch, plant or other form of organized activity is located in Poland,
• Type B – for a foreigner who performs functions in the management board of a legal person entered in the register of entrepreneurs or manages the affairs of a limited partnership as a general partner or in connection with a given power of attorney, and stays in Poland for a period exceeding a total of 6 months during the 12 subsequent months,
• Type C – for a foreigner who performs work for a foreign employer and is delegated to a branch or plant of a foreign entity in Poland for a period exceeding 30 days in a calendar year; this is the most popular work permit here,
• Type D – for a foreigner who performs work for a foreign employer with no branch, plant or other form of organized activity based in Poland and is delegated to perform an export service there,
• Type E – for a foreigner who performs work for a foreign employer and is delegated to Poland for a period exceeding 30 days in a calendar year for a purpose other than those indicated for B, C and D permits,
• Type S – for a foreigner who performs work in Poland in the areas of agriculture, horticulture or tourism of seasonal nature.
Each work permit is issued for a specific period of time (ranging from 9 months to 3 years) for a named individual together with indicating specific conditions under which the foreigner can be employed, such as the position, type of contract, salary, working hours etc.
When applying for a work permit, the employer must submit an appropriate application form to a relevant voivodship office or district labor office. The entire procedure for issuing a work permit can take from 2 weeks to several months, and therefore it is worth submitting an application well in advance. In addition, it should be remembered that a change of employer or terms and conditions of employment involve obtaining a new work permit.
Upon receiving a work permit, a foreigner may obtain a visa for a maximum time of 365 days at the Polish consulate in the country of their permanent residence. Subsequently, one can come to Poland and start working legally for the employer and under the conditions indicated in the permit.
Employers, remember that a foreigner cannot start working at your company unless they have a work permit and/or a basis of residence entitling them to work for you.
If you are interested in knowing more details about the work permits in Poland, or seek legal assistance with the entire process, please contact us and we will be more than happy to provide you with further information and professional guidance.
