A work permit is a certificate that empowers a foreigner to work legally in Poland.
The permit specifies the company that trusts the execution of work to the foreigner and the position or the type of work which the foreigner is to perform. The work is therefore viewed as legal only if the foreigner performs the work identified in the permit.
Foreign workers are necessary to have the proper visas and work permits in Poland, as recognized by immigration laws. Work permits must be available for employees, and sponsored by a locally licensed and incorporated entity, which can be a problem for companies just entering the Polish market. Poland is known for typically being quite inflexible with its visa arrangements for foreigners, and visas will only be allowed if no suitable Polish candidate can be sourced for a position.
Labour market test carried out by employer
Employers must bring out a labor market test to acquire information about the statuses surrounding employment in the local labor market. This test must approve that there are no eligible Polish or EU nationals who could be employed in a given position.
Employer begins application form for foreigner’s work permit
Employees may only receive work permits provided the following circumstances are satisfied:
- The conditions of employment are equally, or more, favourable under the provisions of the Labour Code and other employment regulations
- Remuneration is not lower than the average monthly wage by more than 30% – this information is provided by the Voivodship Office
- Documentation proving the above are provided
Other obligations of the employer
Aside from concluding the application form for the foreigner, the employer must also:
Inform the foreign about the steps compulsory to issue a work permit and any other procedures which may affect this process
Exercise due diligence in the procedure for issuing and extending the strength of the work permit
Implement the conditions of the contract with the foreigner which are set forth in the work permit application. This contract must be in writing and if necessary, translated into a language which the applicant can comprehend before being signing
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