Q&A Foreigners rights at work in Poland. What foreigner in Poland should know about employment in Poland

Employing a foreigner in Poland can seem complex, but it becomes clear once you know the legal rules and procedures. This article explains everything about legal employment of foreigners in the Republic of Poland. It is practical and easy to follow. 

Learn how to employ foreigners, what documents are needed, and how to ensure compliance with Polish labour law.

What Is the Legal Basis for Employing a Foreigner in Poland?

Every foreigner must have a legal basis to work in Poland. This ensures compliance with labour law and immigration rules. A foreign national can work in Poland with a work permit, residence permit, or under an exemption specified in the law.

Employers must verify the foreigner’s documents entitling them to stay and work before employment begins.

Does a Foreigner Always Need a Work Permit?

A foreigner does not always need a work permit. EU citizens can work in Poland without this requirement. Certain foreigners are exempt from the work permit under the act on foreigners or specific international agreements. 

Ukrainian citizens may work based on a statement on entrusting work without needing to obtain a work permit.

How Can an EU Foreigner Work in Poland?

A foreigner from the EU can work in Poland freely. No work permit is required for EU citizens. However, the foreigner must register their stay in Poland if staying longer than three months.

The right to work in Poland applies to any type of work performed on the territory of Poland. 

What Are the Rules for Employing Foreigners in Poland?

Employers must follow specific rules when employing foreigners in Poland. These include verifying the right to stay and work. Legal employment requires a work permit, visa, or residence permit unless the foreigner is exempt. Entrusting work to a foreigner without the proper permit exposes the employer to severe penalties.

What Types of Employment Contracts Apply to Foreigners?

A foreigner must have a written employment contract or civil contract to legally work in Poland. An employment contract gives full rights under the Polish labour code, including social insurance and sick leave. Civil contracts, like a contract of mandate, offer fewer rights but still require proper documentation.

When Does a Foreigner Need a Visa or Residence Permit?

A foreign national usually needs a visa or residence permit to stay and work in Poland. A temporary residence and work permit allows both stay and work in Poland. The application must be submitted properly. The residence card confirms the right to stay in Poland., document must always be valid during employment.

What Are the Employer’s Duties When Hiring a Foreigner?

The employer must check the foreigner’s right to stay in Poland and their right to work in Poland. Employers must obtain a work permit or submit a statement on entrusting work when required. The Polish employer must register the foreigner in the social insurance system immediately after employment starts. 

What Are the Rghts at Work in Poland for Foreigners Working?

Foreigners working in Poland enjoy the same labour law protections as Polish citizens. They have the right to minimum wage, paid holidays, sick leave, and overtime pay. Foreigners can file complaints about unpaid wages, illegal dismissal, or unsafe working conditions.

How to Ensure Safe Performance of Work for a Foreigner?

Employers must provide health and safety training before the commencement of work. This applies to every foreigner. The foreigner must undergo a medical examination. The employer pays the cost of these required tests. A foreigner has the right to refuse work if conditions pose a direct threat to health or life. 

What Can a Foreigner Do If Rights Are Violated?

If a foreigner faces violations at work, they can report it to the State Labour Inspectorate. A foreign national can also file a case with the labour court. They have equal rights in court. Illegal work without a contract or work permit offers no legal protection. Proper documentation is essential.

How Do Seasonal Work Permits and Special Cases Work?

Seasonal work permits allow certain types of work for limited periods in Poland. Employers must apply for a seasonal work permit before the foreigner starts work. 

The permit specifies the type of work and period of work allowed in Poland.

Can a Foreigner Work Without a Work Permit?

Some foreigners can work without a work permit. This applies to EU citizens and some residence card holders. Ukrainian citizens may perform work in Poland under simplified procedures, often using a statement on entrusting work.

Other foreign nationals must obtain a work permit or qualify for an exemption.

Summary of Key Points about foreigners rights at work in Poland

This article explains how to employ a foreigner in Poland under legal employment in Poland rules. It covers essential steps for employers who want to hire a foreigner or employ foreigners for work in Poland. We describe key legal requirements for employment in Poland and how a foreign national can work in Poland lawfully. Learn about employment contracts, work permits, temporary residence permits, and valid documents needed for legal employment in Poland.

Employers and businesses in Poland must follow labour law and work regulations when hiring foreigners or entrusting work to foreigners. The guide highlights the rules for employing foreigners, performance of work requirements, and employer responsibilities under Polish labour law. You’ll discover what permits in Poland are required and when additional work permits or residence permits are needed. This information helps ensure legal stay in Poland and compliance when a foreigner is staying in Poland for employment.

Our guide is useful for any employer or business in Poland planning to hire a foreigner or employ foreigners lawfully. By following this advice, both the foreign national and employer can take up legal employment in the Republic of Poland.

• A foreigner needs a legal basis to work in Poland: work permit, residence permit, or exemption.
• An employment contract or civil contract is always required for legal work.
• EU citizens can work in Poland without a work permit.
• A visa or residence permit is usually necessary for non-EU foreigners.
• The employer must verify documents entitling the foreigner to stay and work.
• Foreigners have the same labour law protections as Polish nationals.
• Medical checks and health and safety training are mandatory.
• Complaints can go to the labour inspectorate or the labour court.
• Seasonal work permits apply to specific jobs and timeframes.
• Work without a proper permit or contract is illegal and risky.