Employment of foreigners
What do I need to do to make hiring foreigners legal?
To entrust the work by foreigners from outside the European Union was legal, the employer must fulfill a number of conditions resulting from the provisions of the Act of 20 April 2004. on employment promotion and labor market institutions and the Act of 15 June 2012. on the consequences of delegating work to foreigners residing contrary to the provisions on the territory of the Polish Republic:
- foreigner must have a valid visa or other document entitling him to stay on Polish territory
- foreigner should have an adequate basis to stay on Polish territory, namely, that confers the right to perform work
- any entity entrusting performance of work the foreigner is obliged to obtain for him a work permit
- in the case foreigner owns uniform authorization to reside and work, such permit is not required
- performing work by a foreigner cannot be done on other conditions, or at a different position than those specified in the work permit.
Citizens of Ukraine, Belarus, Armenia, Georgia, Russia, Moldova undertaking work on Polish territory, in principle, should have a work permit issued by the relevant provincial governor. However, the regulations provide exceptions to this rule. Situations in which foreigners are exempt from the requirement to obtain a work permit, are indicated, among others, in Minister of Labour and Social Policy dated 21 April 2015. on the cases in which, employing a foreigner on the Polish territory is allowed without having to obtain a work permit. Citizens of those States may:
- perform work for a period of not more than six months within the next 12 months
- if before starting work by a foreigner district labor office competent for the place of permanent residence or registered entity entrusting the performance of work, registered a written statement by the company of its intention to employ a foreigner
- under the conditions specified in the declaration – specify the name of the profession, place of work, start date and duration of the work, type of contract which is the basis to perform work and the amount of the gross remuneration for work
The company helps those who work for our clients in completing documents for residence cards, contact the Authority, and oversees the process associated with the issuance of these years. It was the foreigners – please, of course, convert to fit the whole.
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