Legality control of foreigner's work in Poland
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 entitling them to stay in Poland;
- whose basis of stay in Poland does not entitle them to work;
- who performs work without a permit, in cases when it is required;
- under other conditions or on a position other than those specified in the work permit;
- without concluding the required employment contracts or civil law contracts.
WHO IS AUTHORIZED TO CONTROL?
The following are authorized to carry out the legality control of employment:
- Border Guard (SG);
- National Labour Inspectorate (PIP).
The Border Guard may also carry out inspections of companies, households and natural persons employing foreigners, as well as foreigners running their own business in Poland. PIP, on the other hand, is entitled to control the legality of employment resulting from the conclusion of employment contracts with employees.
Note! The control of the legality of foreigners' stay on the territory of Poland lies within the competence of the Border Guard and Police authorities, as well as customs and tax offices.
WHAT ARE PENALTIES FOR ILLEGAL EMPLOYMENT OF A FOREIGNER?
An employer who illegally employs a foreigner is subject to a fine of PLN 1,000 to PLN 30,000. However, if the employer misleads the foreigner, exploits the misunderstanding, takes advantage of professional dependence or the inability to properly comprehend and this action causes the foreigner to perform work illegally, the fine ranges from PLN 3,000 to PLN 30,000.
Note! The foreigner who performs work illegally is also subject to a fine. Such a person may also receive a decision obliging the foreigner to return.
In Poland, there is a law that specifies sanctions for employers entrusting work to a foreigner residing without a valid document authorizing them to stay in Poland and the procedure for pursuing claims for remuneration and related benefits.
According to them, the employer, before employing a citizen from outside the EU, must make sure that the foreigner has a document entitling them to stay in Poland. For employing a foreigner who does not have the right to stay in Poland, employers face severe financial penalties, and are also obliged to pay arrears due to illegally employed foreigners (there is a presumption of the existence of an employment relationship for a period of 3 months) and related benefits (payment of contributions for social security, tax) and to cover the cost of their return to their country of origin. What is more, such employers will be deprived of the right to benefit from public subsidies, including EU funds.
WHAT DOES THE CONTROL LOOK LIKE?
Controls are carried out by at least two officers, holding appropriate authorizations. According to Art. 24 of the Act on the State Labour Inspection, labour inspectors are entitled to carry out, without notice and at any time of the day or night, checks of compliance with the labour law, in particular occupational health and safety, and checks on the legality of employment and other gainful work.
WHAT DOCUMENTS NEED TO BE SUBMITTED FOR CONTROL
The documents should include in particular:
- work permits;
- declarations of entrusting work to a foreigner;
- employment contracts or civil law contracts;
- documents confirming that a foreigner conducting business activity has obtained an entry in the Business Activity Register.
The nature of the work performed by the foreigner is also subject to control as well as whether the conditions for its performance are consistent with the description in the permit / declaration.
In the event of discrepancies or lack of documentation, the labour inspector who finds a breach of the provisions of the Employment Promotion Act may submit a motion to the court to punish the persons responsible for the irregularities found. The labour inspector may also notify the relevant authorities of the breach of regulations, in particular, in the event of a breach of regulations on foreigners, the Police or the Border Guard.