The modern job market knows no boundaries. The dynamics of the global economy make companies increasingly turn to an international workforce, seeking the best talents, specialists, and workers with unique skills. In Poland, as well as in many other countries, employing foreigners has become not only a norm but also a key element of recruitment strategies in various sectors. In this article, we will take a closer look at the process of employing foreigners in Poland, exploring both the challenges and opportunities associated with international recruitment. Read on to learn more.

Read also: Temporary work in Germany

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Employing foreigners – legality of the process

Who can legally work in Poland? This question is crucial for many seeking employment opportunities in this country. It is obvious that Polish citizens have the freedom to work within their country. However, individuals from European Union member states can also legally work in Poland. Similarly, citizens from non-EU countries, the European Economic Area, and Switzerland can apply for legal employment in Poland, meeting specific conditions set by Polish law.

To work legally in Poland, an employer interested in hiring a foreigner must obtain the appropriate work permit or seasonal work permit. There is also the possibility of employing a foreigner who has a temporary residence and work permit in Poland.

For a foreigner who wishes to take up legal employment in Poland, it is important to reside in the country in accordance with the current regulations. Necessary documents, such as a visa or residence card, must be in possession to prove legal status. It is also crucial that the basis of stay allows the foreigner to work; tourist visas do not meet this requirement.

As a general rule, the work of a foreigner in Poland must be performed in accordance with the conditions and position specified in the issued work permit or temporary residence and work permit. However, there is an exception to this rule that allows for work of a different nature or in a different position for a period not exceeding a total of 30 days in a calendar year, provided that the voivode issuing the permit is notified in writing within 7 days.

Employing foreigners – digitization of the process

The digitization of the process of employing foreigners is a significant step towards facilitating and streamlining the procedures related to their legal employment in Poland. The Polish legislator is decidedly pushing for full electronic processing of procedures related to foreigners’ access to the Polish labor market. The proposed law on employing foreigners includes the introduction of full digitization of procedures concerning the issuance of work permits for foreigners. Additionally, it involves entering declarations of employment into the register of declarations. These two key documents legalizing the work of foreigners in Poland will be available in electronic form.

The new regulations are based on the information system “praca.gov.pl,” which will be the main site for submitting applications, letters, appeals, and receiving responses from public administration bodies. All activities related to the process of employing foreigners will be conducted electronically. Any activities outside the teleinformatic system will be considered ineffective.

A significant change will also be the possibility for a foreigner to gain direct access to issued work permits and employment declarations entered into the register. Currently, a foreigner cannot independently obtain these documents legalizing their employment. Access to them will be possible through the foreigner’s individual account on the praca.gov.pl portal, where permits, declarations, and administrative decisions will be available.

The new regulation will also allow other authorities, such as the Police, the State Labor Inspectorate, or the Border Guard, access to the central register database. This will improve the flow of information and enable more effective control of the legality of foreigners’ employment. Additionally, all informational obligations resting on the employer will be performed using the teleinformatic system.

Employer’s responsibilities

Employing foreigners imposes several obligations on employers and requires compliance with Polish labor law regulations. Accordingly, employers are required to provide foreigners with working conditions no worse than those for Polish citizens. This means adhering to work time norms, granting vacation leave, ensuring minimum wage for work, and maintaining a record of working time.

Before employing a foreigner, the employer must ensure that the foreigner has a valid document allowing them to legally reside in Poland. The employer should then make a copy of this document and keep it throughout the employment period.

In the case of a foreigner working on the basis of a work permit, the employer has the obligation to provide information to the voivode who issued the permit. This must be done within 7 days of changes such as a change in the nature of work or position, change of employer’s address or name, transfer of the workplace to another employer, change of the person representing the employer, commencement of work after 3 months from the validity date of the permit, interruption of work for a period exceeding 3 months, or termination of work before 3 months from the validity date of the permit.

If the employer has submitted a declaration of entrusting work to a foreigner, which has been entered into the register of declarations, they must inform the district labor office about the commencement of work by the foreigner or any failure to take up the work within 7 days.

For temporary employment agencies employing foreigners based on a seasonal work permit, it is necessary to inform the starost who issued the permit about any significant changes such as a change of address, transfer of the workplace to another employer, or the conclusion of an employment contract instead of another civil law contract.

Benefits of employing foreigners

  • New perspectives and skills. Foreigners often bring with them diverse professional and cultural experiences, which can be an invaluable source of new perspectives and ideas for the company.
  • Filling staff shortages. In the case of specialized professions where there are no domestic candidates, employing foreigners can solve the problem of labor shortages.
  • Company expansion into foreign markets. Having people from different countries on the team can facilitate the company’s expansion into foreign markets by better understanding the culture and specifics of a given country.

Summary

Employing foreigners in Poland is becoming increasingly common, opening up new development opportunities for companies and bringing benefits in the form of diversity, new skills, and perspectives. However, it also involves certain challenges that require awareness and appropriate actions from employers. Therefore, effective employment of foreigners requires a well-thought-out recruitment strategy and strict adherence to applicable regulations and standards.