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Work without a work permit

WHEN CAN AN EMPLOYER EMPLOY A FOREIGN PERSON WITHOUT A WORK PERMIT

An employer can employ a foreigner without the need for obtaining additional documents (including without the need for obtaining a work permit), if the foreigner:

- has the refugee status granted in Poland;

- has been granted subsidiary protection in Poland;

- has a permanent residence permit issued by Polish authorities;

- has a long-term EU resident's residence permit issued by Polish authorities;

- has a residence permit for humanitarian reasons;

- has a permit for tolerated stay in Poland;

- benefits from temporary protection in Poland;

- has a valid certificate issued by the Office for Foreigners at the request of a foreigner who applies for international protection;

- is a citizen of a Member State of the European Union / EEA / Swiss Confederation or accompanies on the territory of Poland as a family member of such a citizen;

Note! In this case, the definition of a family member is different from the definition of a foreigner's family member provided for in the Act on foreigners. Detailed information on this subject is available in the STAY IN POLAND OF FAMILY MEMBERS OF AN EU CITIZEN tab. Importantly, it is about the very fact of accompanying a foreigner in Poland. The possibility to work here is not conditional on obtaining a residence card of a family member of an EU citizen.

- is a person referred to in art. 19 par. 2- 3 of the Act of 14 July 2006 on the entry into the territory of the Republic of Poland, on the stay and departure from the territory of citizens of the European Union Member States and their family members;

- has a temporary residence permit referred to in Art. 114 par. 1 (the so-called uniform permit for temporary residence and work), art. 126 (temporary residence permit in the case of performing a function in a management board of a legal person), art. 127 (the so-called EU Blue Card) or Art. 142 par. 3 (temporary residence permit for the purpose of conducting business activity) of the Act of 12 December 2013 on foreigners;

Note! In the point described above, employment of a foreigner is possible only under the conditions specified in a given temporary residence permit. This means, inter alia, that if a foreigner who has already been granted a temporary residence and work permit has contacted the employer, the employer should ask the foreigner to submit a decision. The decision specifies the conditions for issuing the permit. If the permit specifies another employer, then employment of a foreigner will require obtaining additional documents (e.g. a work permit). However, if the permit was issued in connection with the performance of work, but instead of the terms of employment (including the name of the employer / position), the basis for exempting the foreigner from the necessity to have a work permit is indicated, it is possible to employ a foreigner without obtaining additional documents.

 - is staying on the territory of the Republic of Poland in connection with the use of short-term mobility of a managerial employee, specialist or intern under the transfer within the enterprise under the conditions specified in art. 139n, a notification of the intention to use short-term mobility by a foreigner par. 1 of the Act of 12 December 2013 on foreigners;

- is staying on the territory of the Republic of Poland in connection with the use of the short-term mobility of a researcher under the conditions specified in art. 156b, the admissibility of a researcher's short-term mobility, par. 1 of the Act of 12 December 2013 on foreigners;

- is staying on the territory of the Republic of Poland in connection with the use of student mobility under the conditions specified in art. 149b, the conditions of admissibility of a student mobility on the territory of the Republic of Poland, par. 1 of the Act of 12 December 2013 on foreigners.

 

FOREIGNERS EXEMPT FROM THE OBLIGATION TO HAVE A WORK PERMIT

The following are also exempt from the obligation to have a work permit:

holding a temporary residence permit granted in Poland in connection with:

- education during studies (pursuant to Art. 144 of the Act on foreigners);

- other circumstances (Art. 186 (1) (3, 4 or 7 of the Act on foreigners);

- reunification with the family (Art. 159 (1) of the Act on foreigners);

- getting married with a citizen of the Republic of Poland (Art. 158 (1) (1) of the Act on foreigners) - the fact of being married is also important, it should be verified by the employer when hiring and continuing cooperation with a foreigner;

Note! In the case of a spouse of a Polish citizen (unlike in the case of family members of EU citizens), performing work without the need for obtaining a work permit is possible only after a decision for temporary residence is issued due to getting married with a Polish citizen.

- holders of a valid Pole's Card;

- those entitled to stay and work in the territory of a Member State of the European Union or a country of the European Economic Area not belonging to the European Union or the Swiss Confederation and employed by an employer established on the territory of that country and temporarily posted by that employer to provide services on the territory of the Republic of Poland;

- those in relation to who international or separate agreements allow the performance of work without the need for a permit;

- trainers, participating in professional internships, performing an advisory, supervisory function or requiring specific qualifications and skills in programs implemented under the activities of the European Union or other international aid programs, also based on loans taken by the Government of the Republic of Poland;

- teachers of foreign languages ​​who work in kindergartens, schools, institutions, centres, teacher training establishments or colleges, referred to in the regulations on the education system, or in Voluntary Labour Corps;

- members of the armed forces or civilian personnel who perform work in international military structures located on the territory of the Republic of Poland, or who are foreigners delegated to implement arms programs on the basis of contracts to which the Republic of Poland is a party;

- permanent correspondents of foreign mass media who have been granted, at the request of the editor-in-chief of a foreign editorial office or agency, accreditation by the minister competent for foreign affairs, but only in the field of professional journalistic activity performed for the editorial office or agency;

- those performing artistic services individually or in groups lasting up to 30 days in a calendar year;

- those delivering occasional lectures, papers or presentations of special scientific or artistic value up to 30 days in a calendar year;

- those performing work for an entity based in the territory of the Republic of Poland in connection with sports competitions, up to 30 days in a calendar year;

- those performing work in connection with sporting events of international importance, posted by an appropriate international sports organization;

- clergy, members of religious orders or other people who perform work in connection with their religious function, in churches and religious associations and national inter-church organizations, the status of which is regulated by an international treaty, regulations on relations between the State and the church or other religious association, or operate on the basis of an entry in the register of churches and other religious associations, their legal entities or organizational units, and who perform work as part of religious functions in other entities, on the basis of a referral by the competent authority of the church or other religious association or its legal person;

- students of full-time studies in Poland or participants of full-time doctoral studies in Poland;

- students who perform work within the framework of professional internships directed by organizations being members of international student associations;

- students who perform work under the cooperation of public employment services and their foreign partners, if the need to entrust a foreigner with work is confirmed by the competent employment authority;

- students of higher education institutions or students of vocational schools in the Member States of the European Union or countries of the European Economic Area, not belonging to the European Union or the Swiss Confederation, who work under professional internships provided for in the regulations of study or the curriculum, provided that they have been referred for such an internship from a higher or professional school;

- those participating in cultural or educational exchange programs, humanitarian or development aid programs or student summer work programs, organized in agreement with the minister competent for labour matters;

- graduates of Polish upper secondary schools, full-time higher education or full-time doctoral studies at Polish universities, research institutes of the Polish Academy of Sciences or research institutes operating on the basis of regulations on research institutes;

- those performing work as research workers in entities referred to in the regulations on research institutes;

- those posted to the territory of the Republic of Poland by a foreign employer, if they retain their permanent residence abroad, for a period not exceeding 3 months in a calendar year, for the purpose of:

- those performing assembly, maintenance or repair works related to any delivered technologically complete devices, structures, machines or other equipment, if the foreign employer is the manufacturer of them,

- receipt of ordered devices, machines, other equipment or parts, made by a Polish entrepreneur,

- trainings for employees of a Polish employer who is the recipient of devices, structures, machines or other equipment referred to in point a, in terms of operation or use,

- assembly and disassembly of exhibition stands, as well as care for them, if the exhibitor is a foreign employer who posts them for this purpose;

- those performing work for Members of the European Parliament in relation to their function;

- holding a valid visa issued for the purpose of coming for humanitarian reasons (humanitarian visa), due to the interest of the state or international obligations;

- holding a valid visa with the annotation "Poland. Business Harbour program

- those entitled under the terms of legal acts issued by the bodies established under the Agreement establishing the association between the European Economic Community and Turkey, signed in Ankara on September 12, 1963, (Journal of Laws  EC L 217 of 29.12.1964, p. 3687; Journal of Laws of the EU Polish special edition, chapter 11, vol. 11, p. 10)

 Note! The above list does not exhaust all cases in which foreigners may perform work without the need for obtaining a work permit. In case of doubt, we recommend contacting our hotline or analysing the footnotes of the Act on employment promotion and labour market institutions and the Regulation of the Minister of Labour and Social Policy of April 21, 2015 on cases where entrusting work to a foreigner in the territory of the Republic of Poland is admissible without the need for obtaining a work permit.

 

CITIZENS OF ARMENIA, BELARUS, GEORGIA, MOLDOVA, AND UKRAINE

Citizens of the countries are exempt from the obligation to have a work permit, regardless of the number of entities entrusting them with work, on the basis of an agreement concluded in writing, if the poviat labour office registered a declaration of this entity on entrusting the work to a foreigner before the foreigner took up employment.

Detailed information on the declarations is available in the DECLARATION ON ENTRUSTING  WORK TO A FOREIGNER tab.

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