Lecture 1 Economic Data Basic Terminologies (supplementary)
-- 2019 work permit - ministry of family, labor and social policy - gov.pl
1. 5/3/2019 Work permit - Ministry of Family, Labor and Social Policy - gov.pl
https://www.gov.pl/web/rodzina/zezwolenie-na-prace2 1/2
Work permit
The work permit is issued by the voivode at the request of the
employer. A foreigner must apply for a residence permit in order to be
able to legally work in Poland on the basis of a work permit (up to 3
months it is possible to perform work under visa-free travel if such a
solution has been introduced for a given country).
The work permit stipulates the employer, position or type of work performed
by the foreigner, the lowest remuneration that a foreigner can receive at a
given position, the working time and the period of validity of the permit.
A work permit is not issued if: a foreigner does not meet certain requirements,
has been punished for specific offenses or if his personal details have been
included in the list of foreigners whose stay on the territory of the Republic of
Poland is undesirable.
There are several types of work permits (A, B, C, D, E). The procedures
and criteria for issuing permits vary depending on the type of permit.
Type A - applies to a foreigner who performs work on the basis of a contract
with an entity whose registered office is located in the Republic of
Poland. Regardless of the situation on the labor market, it is required that a
foreign employee receive a salary not lower than the wages of local
employees in a comparable position.
Type A permit is issued for a period of up to 3 years, however, this period
may be shortened according to the criteria set out in local regulations,
i.e. voivodship criteria issued by the voivode.
Type B - applies to a foreigner who performs a job in the management of a
legal person entered into the Register of Entrepreneurs. Type B permit is
issued for a standard period (up to 3 years), but members of the
management boards of enterprises employing more than 25 people may
apply for a permit for up to 5 years.
Type C - applies to a foreigner who performs work with a foreign employer
delegated to the territory of the Republic of Poland to a branch or
establishment of a foreign entity or an entity related to that foreign employer
for a period exceeding 30 days in a calendar year;
Type D- applies to a foreigner who performs work with a foreign employer
who does not have a branch, establishment or other form of organized
activity on the territory of the Republic of Poland, delegated to the territory of
the Republic of Poland in order to provide temporary and occasional services
(export service). In the case of export services, the applicant must provide
detailed information about the contract.
Type E - applies to a foreigner who performs work with a foreign employer
delegated to the territory of the Republic of Poland for a period exceeding 3
months in the next 6 months for a different purpose than indicated in type B,
C and D permits
Posted workers must be provided with employment conditions not worse than
those specified in the Polish labor legislation in areas such as working time,
overtime, minimum wage, health and safety, parental rights, etc.
In addition, third-country nationals posted to Poland should receive a
minimum wage 70 percent of the average wage in the region in which work is
2. 5/3/2019 Work permit - Ministry of Family, Labor and Social Policy - gov.pl
https://www.gov.pl/web/rodzina/zezwolenie-na-prace2 2/2
checking before the foreigner starts work, does he have a valid residence
permit,
make a copy of the residence permit and keep this copy for the whole period
of work performed by the foreigner,
concluding a contract with a foreigner in writing on the terms contained in the
work permit,
to present to the foreigner before signing the contract its translation into a
language comprehensible to the foreigner,
handing over to one foreigner one work permit in writing,
informing the foreigner about actions taken in connection with the
proceedings for granting or extending a work permit and decisions to issue,
refuse to issue or revoke a permit,
if the foreigner does not take up employment within 3 months of the initial
validity of the work permit, cease work for a period exceeding 3 months,
finishes work earlier than 3 months before the expiry of the work permit, the
employer must inform the voivode within 7 days.
An employer employing a foreigner on the basis of a work permit has the
same obligations to him as for a Polish citizen.
registration within 7 days from the date of commencement of work for social
and health insurance and monthly payment to the Social Insurance Institution
of contributions of appropriate amount (if required by the type of contract -
above all the contract of employment and contract of mandate, not applicable
to the contract for specific work),
calculation, collection and payment of income tax advances (the tax
settlement method depends on the tax residence of an employed foreigner),
comply with the provisions of the Labor Code.
A work permit entitles you to work only for the benefit of the employer
indicated in the permit . To work with another employer, a new employer
must apply for a new work permit.
The work permit in Poland entitles you to work only on the territory of
Poland . If a foreigner wants to work in another country, he must apply for a
permit in that country.
Illegal work by a foreigner is a misdemeanor - a foreigner faces a fine of
1,000 to 5,000 zlotys.
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work permit form
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