Employing foreigners. Employer, remember this before starting cooperation.
- 6 hours ago
- 3 min read
Employing foreigners involves the need to meet specific formal requirements. Although the process may seem complex, its proper execution is crucial for the legality of employment.
The first and fundamental step for an employer should always be verifying the foreigner’s residence status. It determines whether a given person can work in Poland at all and under what conditions they may do so.
In practice, this means the need to check the residence document and determine whether it allows access to the labor market.
Verification of the residence document - the employer’s first step
According to regulations, the employer is obliged to require the foreigner to present a valid document entitling them to stay on the territory of the Republic of Poland before starting work.
However, the mere possession of a residence document does not automatically mean that the foreigner can be employed.
There are documents that legalize residence but do not grant the right to work.
In such cases, taking up employment is not possible, even if the foreigner’s stay in Poland is legal.
Therefore, it is crucial to check what form of employment the document held by the prospective employee allows.
When can a foreigner work in Poland?
If the foreigner has a residence document that allows work, the next step is to determine whether additional authorization is required.
In many cases, employment is possible without additional formalities. This applies, among others, to persons holding:
• permanent residence permit,
• EU long-term resident permit,
• refugee status,
• other special rights arising from regulations.
Some groups of foreigners, e.g. graduates of Polish higher education institutions, may also be exempt from the obligation to obtain a work permit or a declaration of entrusting work.
However, each case requires an individual analysis of documents.
Work permit or declaration - when are they required?
If the regulations do not provide for exemption from the obligation to legalize work, the employer must obtain the appropriate document before starting employment of a foreigner.
This may be:
• a work permit issued by the voivode,
• a declaration of entrusting work registered in the district labor office.
The declaration applies to citizens of selected countries, including Belarus and Ukraine.
Only after obtaining the appropriate document is it possible to legally conclude a contract and start work.
Employment conditions must comply with the document
A very important element of the process of employing a foreigner is compliance with the conditions specified in the permit or declaration.
Work must be performed under the conditions indicated in the document, including:
• position,
• working time,
• remuneration,
• entity entrusting work.
Any significant change in these conditions may require updating the documents. Otherwise, employment may be considered illegal.
Additional support in the process of employing foreigners
In practice, many companies encounter difficulties already at the stage of verifying residence documents and determining what formalities are required in a given case. Therefore, employers increasingly use support from employment agencies such as Flowline, which help organize the entire process and ensure compliance with current regulations.
Why is proper verification so important?
Employing foreigners requires not only knowledge of regulations but also their correct application in practice. Errors at the document verification stage can lead to serious consequences for both the employer and the employee. Therefore, it is crucial to conduct a full analysis of the foreigner’s situation before starting cooperation and ensure that all required formalities have been fulfilled.
