Homepage Work in Poland Control of legality of a foreigner's work in Poland

Control of legality of a foreigner's work in PolandPrint

What is illegal employment?

Illegal performance of work by a foreigner is the performance of work by a foreigner: 

  • who does not have a valid visa or other document authorizing him to stay in Poland;
  • whose basis of residence in Poland does not allow for performance of  work;
  • who works without a work permit in cases where one is required;
  • who works under different conditions or in a position different than that specified in the work permit;
  • works without having concluded the required employment contract or civil law contracts.

 

Who has the right to conduct control activities?

The following agencies have the right to carry out controls of legality of a foreigner’s work in Poland:

The Border Guard Service can also carry out inspections of companies, households and individuals employing foreigners, as well as foreigners running their own businesses in Poland. The Labour Inspectorate (PIP) is authorized to review the legality of employment resulting from the conclusion of contracts of employment. 

During such controls, the legality of the foreigner's stay in Poland is also checked - more information on this topic is available here -> 

What does a control consist of?

Control activities are carried out by at least two officers who possess the relevant authorizations containing indication of the legal basis, identification of the control agency, date and place of issue, name and surname of officer authorized to perform the inspection and number of his badge, as well as the name and address of the company to be controlled, the extent of the control, the date of commencement and the anticipated date of completion of the inspection, the signature of the person granting the authorization stating their position or function, and instructions on the rights and duties of the controlled entity. 

Attention: In case of the necessity to carry out an on-the-spot inspection, officers may do so while showing their badges only.

What documents should be presented during a control?

The controlled entity, at the request of the officers, shall submit documents relating to the legality of the foreigner’s work, business run by a foreign national or the foreigner performing delegated work not later than within 7 days.

These documents include in particular: 

  • a work permit;
  • a declaration of intention to entrust a job to a foreigner,
  • employment contracts or civil law contracts;
  • documents proving a foreigner running a business has been entered in the Central Register and Information on Economic Activity. 

The character of the foreigner’s work and whether the conditions for its exercise are consistent with the description placed in the permit / declaration are also subject to inspection.

In case of any discrepancy or lack of documentation, the case may be directed to court.

What penalties are foreseen for illegal employment of a foreigner?

An employer who employs a foreigner illegally may be subject to a fine of 3000 to 5000 PLN.

A foreigner working in violation of Polish law may incur a penalty of 1000 to 5000 PLN. Such a person may also receive a decision obliging him to leave Poland  (more information about the obligation to leave Polish territory is available here->) or a deportation order may be issued against him (what does deportation mean?->). In this case, the costs of expulsion shall be borne by the employer. 

Also, according to the law, employers must make sure before hiring non-EU citizens that the foreigner has a valid residence permit and inform the appropriate authorities of the employment of such a person. For entrusting a job to a foreigner without the right of residence, the employer will incur a fine, and will also be obliged to pay the salary arrears due to the illegally employed foreigner (a presumption of existence of an employment relationship for a period of 3 months shall apply) and related benefits (social security contributions, tax), and to cover the cost of the foreigner's return to his country of origin. In addition, such employers will be banned from benefiting from public subsidies, including EU funds.

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