Legalisation of work in Poland - i.e. about permits and visas.

Legalisation of work in Poland is a process that enables foreign nationals to take up employment in accordance with the law. It is a key element for workers from outside the European Union who must meet certain formal requirements in order to legally perform their professional duties on the territory of Poland. In this article, we will discuss in detail the most important aspects related to the legalisation of work, the types of permits and the procedures necessary to meet the legal requirements.

What is the legalisation of work in Poland?

Labour legalisation is the process that allows foreigners to be employed in Poland in accordance with the applicable legislation. It includes both obtaining a work permit and a work visa. Employers who wish to employ foreigners are required to follow certain legal procedures to avoid the financial and legal consequences of illegal employment.

Types of work permits in Poland

There are different types of work permits in Poland, which are tailored to the specific nature of the employment and the nature of the employee's activity. The choice of the appropriate type depends on a number of factors, such as the duration of stay, the type of work or the legal status of the employer.

 

1. 1. Type A
      Applies to foreigners employed under a contract with a Polish employer. It is the most commonly used permit for persons performing work in Poland.

1. 1. Type B
      Designed for board members of companies who reside in Poland for more than 6 months during the year.

1. 1. Type C, D and E
      

       

      • • Type C: For employees posted to Poland by a foreign company for more than 30 days in a consecutive 6-month period.
      • • Type D: Applies to workers posted for export services.
      • • Type E: Includes other postings that do not fall under types C and D.

1. 1. Statement on entrusting work to a foreigner
      A simplified procedure available to citizens of Ukraine, Belarus, Georgia, Armenia and Moldova. It allows them to work for up to 24 months without the need to obtain a classic work permit.

How to obtain a work permit?

The process of obtaining a work permit requires the involvement of both employer and employee. Here are the key steps:

Submission of the application by the employer

The procedure starts with an application submitted by the employer to the relevant provincial office. The application should include:

 

• • Contract or job offer,

• • Company registration details,

• • Employee personal data,

• • Information on the terms and conditions of employment, including salary and place of work.

Stamp duty

The employer is obliged to pay stamp duty. The amount of this fee depends on the type of permit and the duration for which it is issued.

Decision waiting time

The decision to issue a permit is usually made within a few weeks, but for more complex cases the waiting time can be several months.

Obtaining a work visa

After receiving a work permit, the foreigner applies for a visa at the Polish consulate in his/her country. A type D visa allows legal entry to Poland and work under the conditions specified in the permit.

Legalisation of seasonal work

Those taking up employment for a short period of time, such as in the agriculture, tourism or construction sectors, may benefit from a simplified seasonal employment procedure. Employers are required to apply for a special seasonal work permit, which is valid for a maximum of nine months during a calendar year.

What are the requirements for seasonal work?

 

• • Submission of an application for a seasonal work permit,

• • Presentation of the contract concluded with the employee,

• • Compliance with minimum wage requirements and working conditions.

Working without a permit - what are the consequences?

Undertaking work without the proper authorisation is a serious breach of the law with consequences for both the employee and the employer.

For the employee:

 

• • Deportation and prohibition of entry to Poland for a specified period,

• • Risk of loss of remuneration for work done.

For the employer:

 

• • A fine of up to £30,000,

• • The possibility of imposing administrative sanctions, including a ban on the employment of foreigners for a certain period.

The most common errors in the legalisation process

 

1. 1. Incomplete documentation
      Failure to provide the required attachments may prolong the processing time or lead to rejection of the application.

1. 1. Improperly drafted contract
      The contract must comply with Polish labour law and clearly specify the terms and conditions of employment.

1. 1. Exceeding the permitted working hours
      A foreigner may not work under conditions other than those specified in the permit.

Summary

Legalisation of work in Poland is a process that requires knowledge of the regulations and adequate preparation. Following procedures is essential both for the safety of the employee and to protect the interests of the employer. If you have questions or need support in the legalisation process, it is advisable to use professional advisors to help you through all the steps of labour legalisation without unnecessary complications.

Legal work is not only a duty, but also a guarantee of stability and legal protection for both parties in the employment relationship - at QSense we will take care of everything and help you obtain the necessary documents! Apply or contact us!