24 January 2020

Everything that you should know about work permit in Poland!

WHAT IS A WORK PERMIT?
A work permit is a document that entitles a foreigner to work legally in Poland. In addition to the work permit a foreigner must have a biometric passport or visa* or a temporary residence card.

• Visa issued for:
  01 – purpose of tourism;
  20 – obtaining temporary protection;
  21 – arrival in Poland on humanitarian grounds, by reason of interest of the state or due to international obligations.

doesn’t entitled a foreigner to work!

The work permit indicates the name of employer, the position or type of work performed by a foreigner, the lowest salary that a foreigner can receive at a given position, working time or number of working hours in a week or month, type of contract being the basis for work and period of validity .

WHO REQUIRES THE WORK PERMIT IN POLAND?
A foreigner from a country outside the European Union and the European Economic Area needs the work permit.
There are, however, foreigners who are exempt from the obligation to have a work permit, including foreigners, holding a Polish Card (Karta Polaka), foreigners who are graduates of polish post-secondary schools (szkoła policealna). Full list here: https://rspo.men.gov.pl/

WHAT ARE THE TYPES OF WORK PERMITS IN POLAND?

WORK PERMIT TYPE A
when the foreigner performs work on the territory of the Republic of Poland on the basis of the agreement with the entity, whose head office, place of residence or other form of organized activity is localised on the territory of the Republic of Poland

WORK PERMIT TYPE B
when the foreigner stays in Poland for a period exceeding 6 months within the following 12 months due to performing function in the management board of legal person that has an entry in the National Court Register (KRS) or is a capital company in the organization, or in connection with conducting the affairs of a limited partnership or limited joint-stock partnership as a general partner, or in connection with granting him a power of attorney

WORK PERMIT TYPE C
when the foreigner performs work for a foreign employer and is delegated to the territory of the Republic of Poland for a period exceeding 30 days in a calendar year to the department or institution of the foreign entity

WORK PERMIT TYPE D
when the foreigner performs work for a foreign employer, who does not have any department, institution or other type of organised activity on the territory of the Republic of Poland and is delegated to Poland in order to provide service of temporary and occasional nature (export service)

WORK PERMIT TYPE E
when the foreigner performs work for a foreign employer and is delegated to the territory of the Republic of Poland for a period exceeding 30 days within the following 6 months for reasons other than indicated work permits above

WORK PERMIT TYPE S
when the foreigner performs work on the territory of the Republic of Poland in the scope of activities specified in the ordinance of the Minister of Family, Labor and Social Policy in the matter of subclasses of activity according to the classification of Polish Classification of Activities, in which seasonal work permits are issued to foreigners, on the basis of the agreement with the entity, whose head office, place of residence or section, institution or other form of organized activity is localised on the territory of the Republic of Poland

HOW TO OBTAIN THE WORK PERMIT?

The entity entrusting the foreigner with the execution of work applies to the competent Voivodship Office for the work permit for the foreigner. An exception is the work permit of type S – it is issued by Starosta.
• The work permit is issued by the Voivodship Office (work permit type S by PUP) competent for the registered head office or the address of the employer who intends to employ the foreigner, or the head office of the entity where the foreigner is delegated.
• The work permit is only issued upon the written application submitted by the employer who intends to employ the foreigner.
• The work permit is issued in three copies: one remains in the Voivodship Office, two are transferred to the employer who is required to provide one copy to the foreigner for whom it is issued.
FOR WHAT PERIOD IS THE WORK PERMIT VALID?
The work permit is issued for a fixed period of time but for not longer than three years and may be renewed.

In the case of the foreigner who:
-works as a member of the board of a legal person, who at the date of the submission of the application employs over 25 people, a work permit may be issued for a period of exceeding 5 years,
-is delegated by a foreign employer to provide an export service, a work permit may be issued for the period of delegation.

The permit is valid for the period for which it was issued. The term of validity of the permit is indicated on the document.

IMPORTANT INFORMATION

It is the employer who applies for a work permit, and it is valid only when the foreigner works for this particular employer. The work permit obtained by one employer is not applicable if the foreigner wants to start working in other workplace.

The work permit can be renewed if the employer must apply for work permit prolongation no sooner than 90 days but no later than 30 days before the expiration date of a current work permit.