Work permit

A lot of people is writing or calling asking for a work permit.
Here a brief explanation what we are talking about.
A work permit allows you to work on the territory of Poland – only Poland.
To have a work permit you need to find an employer first. If he will agree to employ you the other steps are a matter of preparing the documents, lay them down in the appropriate office duly filled and then collect the work permit.
Then once in Poland you can apply for a residence card. With it you can travel around the Schengen country. If you will apply in due time there will be no need to leave Poland and return to your homeland for a new Polish Visa.
If you have an employer and you are coming to Poland for work, do not hesitate to get in touch with us.
We can prepare all the documents, apply and obtain the work permit.
All of this is not concerning EU citizens. They do not need a work permit to work in Poland.

The non-EU nationals that want to work in Poland for more than 6 months have to obtain a valid work permit.
According to the type of job different types of work permit are required:

A - regarding a non-EU national employed on the territory of the Republic of Poland on the basis of a contract conducted with an entity which registered office, place of residence or subsidiary, facility or other form of business activity is located on the territory of the Republic of Poland;

B - regarding a non-EU national being a member of the board of a legal person registered in the registrar of companies or a limited company within an organization for more than 6 months in the following 12 months;
C - regarding a non-EU national employed by a foreign employer and seconded to the territory of the Republic of Poland for more than 30 days in a given year to a subsidiary or facility of the foreign entity or an entity connected with the foreign employer within the meaning of the Personal Income Tax Act of 26 July, 1991;
D – regarding a non-EU national employed by a foreign employer without a subsidiary, facility or other form of business activity located on the territory of the Republic of Poland who has been seconded to the territory of the Republic of Poland in order to realize a service of temporary or occasional nature (export service);
E – regarding a non-EU national employed by a foreign employer and seconded to the territory of the Republic of Poland for less than three months within the following six months in purpose other than those mentioned in points B, C, D (B type work permit concerns a non-EU national being a member of the board of a legal person registered in the registrar of companies or a limited company within an organization for more than 6 months in the following 12 months);
Comment! The principles of issuing work permits for foreiners are regulated by the Act on the Promotion of Employment and Labour Market Institutions (consolidated text. OJ of 2008 No 69, pos. 415 with amendments) as well as the Regulation of the Minister of Labour and Social Policy of 29 January 2009 on issue of work permit for a foreigner (OJ of 2009 No 16 Item 84).
A work permit is issued by a governor according to:
- registered office or place of residence of the entity employing a foreigner – A i B types of a work permit,
- entity’s registered office a non-EU national has been seconded to – a governor issues a work parmits for non-EU nationals employed by a foreign employer seconded to Poland for more than 30 days in a given year to a subsidiary or foreign entity’s facility or to a entity connected with the foreign employer with the meaning of the Personal Income Tax Act of 26 July, 1991;
- entity’s registered office a non-EU national has been seconded to – a governor issues a work permit for non-EU nationals employed by a foreign employer seconded to Poland for more than 30 days in a given year to a foreign entity’s subsidiary or facility, its subordinate or an entity bound with the foreign employer by a long-term cooperation contract.
- registered office or place of residence of the entity for which the service is conducted and if such entity’s registered office or place of residence is abroad, due to the main place of work of the non-EU national located on the territory of the Republic of Poland a governor issues a work permit for the non-EU nationals that realize export service on the territory of Poland.
- main place of work of the non-EU national on the territory of the Republic of Poland – a governor issues a work permit for a non-EU national employed by a foreign employee and seconded to the territory of the Republic of Poland for more than three months in the following 6 months for purpose other than acting as a member of a board; an employee seconded on the basis of the C-type work permit and an export service realization.

The above mentioned properties do not apply when the main place of work of a non-EU national is difficult to determine. In such case a work permit is issued by the Mazowieckie Governor.
The work permit is usually submitted by the employing entity (Polish or foreign company or its authorized representative).
Work permit issued for a definite period of time.
A work permit is issued for a maximum period of three years and may be prolonged except for such situation when a non-EU national acts as a member of the legal person’s board that employs more than 25 people while submitting the work permit form. In such case a work permit may be issued for a period of maximum five years. In a situation when when a non-EU national has been seconded in order to realize an export service, a governor issues a work permit for a period of secondement. Above-mentioned periods may be restricted according to criteria issued for each district.
The issue of work permit is payable. In addition, in some cases a local government officer in Polish administration is obliged to conduct a positive labor market assessment. The assessment, however, is not required while employing as a home help the non-EU nationals from Ukraine, Belarus, Georgia, Moldova or Russia.
Nevertheless the assessment is required when a Polish entrepreneur wants to employ as a home help a Vietnam citizen. In such case a labor market is to be assessed by a local government officer in Polish administration in order to examine whether an unemployed Polish citizen would be suitable for this kind of job. Additionally in the Mazowieckie District a work permit without the labor market assessment is issued while applying i.e. for the positions of tiller, plasterer, bar bender and tractor driver.