WORK PERMIT AND RESIDENCE CARD

What is work Permit ?

A work permit is a document that authorizes a foreigner to work legally in Poland.

The permit indicates the company that entrusts the execution of work to the foreigner and the position or the type of work which the foreigner is to perform. The work is therefore regarded as legal only if the foreigner performs the work identified in the permit.

This means that if the foreigner wants to change jobs (i.e. change employer and / or position and / or industry) in which he is employed, he has to obtain a new permit. However, there are some circumstances in which the permit remains valid despite a change in the circumstances for which it has been issued.

IMPORTANT

Foreigners who apply for a temporary residence permit due to work performed in Poland are not obliged to previously obtain a work permit in Poland In the case of a temporary residence and work permit, the issued residence card confirms the right of the foreigner to start work in Poland on behalf of a specific employer and pursuant to the terms and conditions set forth in the decision granting the permit.

The decision granting a temporary residence and work permit contains the data of the foreigner's employer, the position in which the foreigner will be employed, the lowest remuneration that the foreigner may receive in the given position, working tim and type of contract pursuant to which the foreigner will be employed.

In the event the foreigner intends to work for several employers, the decision shall specify these employers and the terms and conditions for performing work shall be set forth separately for each entity (employer). If the foreigner loses his job at any of the employers listed in the decision, the foreigner should notify the Voivode who issued the temporary residence and work permit of such fact within 15 business days of the moment of discontinuation of employment.

If the foreigner is exempt from the obligation to have a work permit in Poland, then the decision granting a temporary residence and work permit shall not specify the terms and conditions for performing work.

The remuneration paid to the foreigner must not be lower than the remuneration for employees performing work for the same amount of working time, of a comparable type or in a comparable position.

A temporary residence and work permit is granted for a maximum period of 3 years. However, the validity period of a residence and work permit may be shorter. Usually the period for which the temporary residence and work permit is issued depends on the documents presented by the foreigner. For example, if the foreigner has signed an employment contract with the employer for a period of 2 years, the temporary residence and work permit will also be issued for a period not exceeding 2 years.

On request of the foreigner, the residence and work permit may be amended at any moment by the competent Voivode for the place of residence of the foreigner if the foreigner intends to perform work for a different employer or pursuant to different conditions than those specified in the decision granting the temporary residence and work permit.

In the event of changes in the seat, place of residence, name or legal form of the employer or in case if the employer is taken over in whole or in part by another employer, it is not required to amend or replace the temporary residence and work permit.

The Voivode shall withdraw, i.e. cancel the temporary residence and work permit if the position set forth in the permit has changed or if the remuneration has been lowered and the permit has not been changed.

The Voivode shall refuse to initiate proceedings for granting a temporary residence and work permit if the foreigner:

1. is an employee delegated to work in Poland for a definite period of time by an employer that has its seat outside Poland – for the entire period of delegation (in the event of delegation, the foreigner should apply for a temporary residence permit for the purpose of performing work by a foreigner delegated to Poland by a foreign employer; information about this type of permit is available below),
2. entered the territory of Poland pursuant to obligations set forth in international treaties on the facilitation of entry and temporary residence of specific categories of natural persons dealing with exchange or investment,
3. conducts economic activity in Poland.

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