Expat Desk: Simplified work authorisation procedure - an easy way to employ foreigners in Poland

Polish immigration law has made it easier for Polish companies to employ workers from Eastern countries. For nationals of Ukraine, Belarus, Armenia, Georgia, Moldova or Russia, it is sufficient for a Polish-based company to register a “declaration of employment”.

Registration process

As a rule, workers who are not citizens of the EU, Iceland, Lichtenstein, Norway or Switzerland must complete a full work authorisation procedure to work in Poland. The procedure takes up to 1 month.

However, nationals of the six Eastern countries who will be employed in Poland for a short term, i.e. up to 6 months in any consecutive 12 months, do not need to undergo the full work authorisation procedure. Thanks to the declaration of employment, they can access the Polish labour market easily and quickly. The 6-month limit applies to the specific foreign worker, not the employer.

To obtain the declaration, the Polish-based company must fill in an application form and submit it to the local labour office. The registration process is simple and takes up to 10 working days. It costs PLN 30 (approx. EUR 7). The declaration is valid only for work at the given employer. The foreign worker cannot use it to work in a different company.

The declaration of employment is not suitable for seasonal work. Seasonal work is work in agriculture, gardening, tourism or the gastronomy sector. For these types of jobs, Polish law provides for a special seasonal work permit.

Additional duties

An employer has the same obligations towards a foreigner employed under a declaration of employment as it does for a Polish citizen. This means that before starting work under the declaration, the employer must provide the foreign worker with a written contract, which provides for the same working conditions as set out in the declaration. The company is also obliged to register the foreigner with the Polish social security scheme.

A declaration of employment only authorises a foreigner to work. Foreign employees must undergo a separate procedure to legalise their entry into Poland and their stay in the country. Thus, before admitting the foreigner to work under the declaration, the company must always verify that the worker has a valid stay permit.

For more information on Polish immigration law, please contact Agnieszka Kałwa.