labour law in poland

Andrzej Żurawski        26 czerwca 2016        6 komentarzy

The labour law in Poland takes into account the fact that the current geopolitical situation, as well as the fact that Poland continues to strengthen its position as the most attractive outsourcing location in Europe makes the polish market becoming the target of economic emigration. The available data show that the number of foreigners seeking employment in Poland increases each year. This is a chance for Polish entrepreneurs to gain qualified and talented staff with rich experience.

labour law poland

Lawful pursuit of work by a foreigner in Poland according to labour law is connected with the necessity of obtaining a work permit and accomplishing other conditions under the law applicable (Act of 20th April 2004. on employment promotion and labor market institutions and the Act of 15th June  2012. on the effects of delegating work to foreigners residing with violation of regulation in the territory of the Polish Republic).

A work permit is being issued by the relevant provincial governor after the fulfillment of all the conditions set out in that legislation of the labour law in Poland – including the obligation of the entity that is about to assign the foreigner to work (entrepreneur) to enclosed to the application for a work permit the information issued by the appropriate district governor of a negative result of „labor market test” or the lack of ability to satisfy staffing needs of the employer, based on the records of the polish unemployed (and searching for work) or the negative result of recruitment organized for employers in such a manner to provide a priority access to the labor market especially for the Polish citizens. However, in some cases, the current regulations provide an exception from the requirement to obtain a work permit for foreigners.  In the first place, these situations are defined in article 87th of the Act of 20th April 2004 on employment promotion and labor market institutions, according to which the foreigner is entitled to work in the territory of the Republic of Poland according to labour law, among others if:

  • a foreigner has a refugee status granted in the Republic of Poland;
  • he was granted subsidiary protection in the Republic of Poland.;
  • has a permit for permanent residence in the Republic of Poland
  • he holds long-term resident’s UE residence permit on the territory Republic of Poland;
  • he has a humanitarian residency permit
  • permit for tolerated stayon the territory of Poland
  • benefits from temporary protection in the Republic of Poland;
  • is a citizen of a Member State of the European Union;
  • is a citizen of one of the countries of the European Economic Area, a non-European Union;
  • is a citizen of a country, non-party to the Agreement on the European Economic Area, who may use the freedom of movement of persons on the basis of an agreement concluded by that State with the European Community and its Member States;

Situations in which foreigners are exempt from the requirement to obtain a work permit in order to legally take up an employment in Poland were also regulated in a labour law (Decree of Minister of Labour and Social Policy of 21st April 2015 on the cases in which, employing a foreigner on the Polish territory is allowed without having to obtain a work permit).

Its provisions provide the possibility to assign the work, on the Polish territory, without obtaining a work permit, among others to foreigners who are nationals of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, Republic of Moldova, the Russian Federation or Ukraine  who are to perform the work for a period not exceeding six months within the next 12 months, regardless of the number of entities commissioning the work

The decree makes the opportunity for the citizens (from Belarus, Georgia, Moldova, Russian Federation and Ukraine) to work  – without a need to obtain the work  permit- dependent on the prior registration in the proper labor office (competent for the place of permanent residence or registered office of the employer) a statement on the intention to employ this foreigner (so called “Statement on the intention to entrust work”), defining:

  • the name of the profession,
  • place of work,
  • date of the beginning and duration of the work,
  • type of contract which is the basis of the work,
  • the amount of the gross salary for a worker,
  • information about the inability to meet staffing requirements on the local labour market and confirmation the employer is acquainted with the legal regulations of foreigners’ residence and employment in Poland

In addition, the work must be performed by a foreigner on the basis of an agreement concluded in written form. This obligation applies at the same time, to each type of contract, on the basis of which, the work is performed – independently of whether it would be a contract of employment or other civil contracts such as: contract work, commission or agency contract.

Facilitation with regards to the procedures for entrusting the work to foreigners from Belarus, Georgia, Moldova, Russian Federation and Ukraine are also reflected in the absence of registration fee and free publication of the forms required on the website of the Ministry of Labor.

Based on the registered “Statement on the intention to entrust work”, it is possible to apply for a foreigner for visa entitling him to reside in Poland. As a rule, issuance of visa is connected with the necessity to cover the proper state fee, (its amount of varies between 0 and 70 euros, depending on the type of visa and nationality of the applicant), however, it does not apply to citizens of Ukraine, for which it is free of charges (on 13th June 2016. Poland and Ukraine signed an agreement on the abolition of fees for issuing national visas, according to which fees for issuing national visas for Ukrainian citizens who intend to stay on the Polish territory for more than three months and less than one year, the visa type D, are abolished).

As follows from the above labour law in Poland gives the possibility to work on its territory but it is necessary to use the aid of qualified law office to duly fill all the requirements

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