Declaration of the intention to entrust a job to a foreignerPrint

Citizens of Belarus, Moldova, the Russian Federation, Ukraine and the Republic of Armenia may take up employment without  the necessity of obtaining a work permit for a period not exceeding 6 months within 12 subsequent months. Such employment is based on an employer’s declaration of intention to entrust a job to a foreigner submitted by a Polish employer and registered in the county Labour Office for every industry. 

What is the procedure for taking up employment based on a declaration of the intention to entrust a job to a foreigner?

  1. The employer submits the declaration of intention to the County Labour Office competent for the seat or place of residence of the employer. In the case of Warsaw, the County Labour Office for the City of Warsaw should be notified.

Addresses of County Labour Offices (PUP) are available  here -

The declaration should be registered at the Labour Office before the commencement of employment by the foreigner.

2. The employer prepares a declaration containing: employer data, personal data of the foreigner the employer intends to hire, the start date and duration of the work and the type of work to be performed, the amount of gross pay (what is gross remuneration ->), profession and place of work – the declaration form and instructions are available here 

During registration of the declaration at the Labour Office (PUP), the employer shall also submit the following documents for review: 

  • In the case of an entity carrying out business activity – an excerpt from the entry in the National Court Register (KRS) or an entry in the Central Registration and Information on Business - what is the NCR (KRS)? ->
  • In the case of a natural person not conducting business or farming activity - an identity card;
  • In the case of an entity carrying out farming activity - a certificate of insurance coverage by the Agricultural Social Insurance Fund (KRUS). 

Attention: The declaration and statement should be submitted along with one copy. The declaration should be filled out completely and legibly, preferably in block letters. The County Labour Office cofirms receipt of the declaration on the original and copy of the statement.

3. The employer serves the original declaration to the foreigner; if the foreigner is living abroad, the document should be sent abroad;

4. The registered declaration constitutes the basis for the foreigner to be granted:

A declaration and visa entitling the foreigner to work or an appropriate residence permit are documents that entitle citizens of the 5 countries mentioned above to undertake short-term work in Poland. 

ATTENTION: The registered declaration is not proof of employment with a given employer (and therefore does not constitute a contract of employment or a civil law contract), and only indicates that the foreigner has a right to be employed by the employer!  Therefore, the foreigner can begin to perform work only after the conclusion of a written contract (of employment, contract of mandate or for specific work) with the employer - more information about contracts is available here -> 

ATTENTION: Lack of a written contract is one of the grounds to declare a foreigner's work illegal!

In addition, within 7 days the employer is required to report the foreigner to be covered by social security and health insurance, which entitles the foreigner to free use of health services (excluding employment under a contract of mandate). 

It is only permitted to perform work for an employer who has registered a declaration. In the event of changing the employer, it is necessary for the new employer to register a new declaration of intent.

If an employer is interested in hiring a foreigner for a period of time longer than 6 months, after 3 months of his employment the employer may apply for a work permit; in this case a labor market test is not required - more information on work permits is available here - > 

The period of performance of work can be continuous (for full six months) or broken up into several shorter periods. However, the total period of employment (aggregate periods of employment) may not exceed 6 months within a 12-month period . Exceeding this period results in the foreigner’s work being deemed illegal and is associated with legal consequences  - more information is available here ->

Length of procedure

The registration procedure for a declaration is completed during a single visit to the County Labour Office.
More information on the granting of visas is available here ->

Fees

Registration of a declaration of intent at the Labour Office is free of charge.
The fee for a visa is charged in accordance with the rates set for the granting of visas to citizens of a given country.

Good to know!

This simple procedure is sometimes misused.

Therefore, it is worth remembering that the use of unofficial “intermediaries” is associated with risk. Upon arrival, you may find out that working conditions and wages deviate from those promised.

Also, please note that the procedure for issue of a statement of registration in Poland is free of charge, so demanding payment from a foreigner for the delivery of this document is inappropriate.

If in doubt, before deciding to leave your country of residence, it is worth checking out your prospective employer - for example, to call the company or to verify its data on the basis of the company registration database REGON or in the National Court Register. If the employing entity is a Polish temporary employment agency, it should be entered in the National Register of Employment Agencies.

Legal basis

Regulation of the Minister of Labour and Social Policy of August 20, 2011 on cases where foreigners’ work in Poland in permitted without the necessity of obtaining a work permit (OJ L 2011, No 155, item 919).

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