When deciding to hire a foreigner, it is necessary to apply for the appropriate work permit in advance. Permits are required for citizens from outside the EU who want to work in Poland. The process of obtaining a work permit consists of several stages and can take several months. Before starting to submit an application, it is worth getting acquainted with the individual types of permits, as there are several types of them. This article will describe type A and B work permits.
Type A work permit
Type A work permit in Poland is a permit that allows citizens from outside the EU to work in Poland for a specified employer, in a specified position, and for a specified period of time based on an employment contract or another civil law contract (a contract of mandate, a contract for a specific task). The permit is issued by the relevant labor office after the employer’s application is submitted and necessary requirements are met.
This permit is issued for a maximum of 3 years and allows the foreigner to work during this period for the same employer in the same position.
Type B work permit
This type of permit is for a foreigner who performs work consisting of performing the functions of a member of the management board of a legal person registered in the entrepreneurs’ register or a joint-stock company in organization or managing the affairs of a limited partnership or limited joint-stock partnership as a general partner, or in connection with granting him a power of attorney for a period exceeding a total of 6 months within the following 12 months.
The validity of the Type B permit is usually (as standard) 3 years. The exception is a legal person that employs more than 25 people. In such a case, the validity period of the permit may be up to 5 years.
Who do we submit the application to?
We submit the application to the voivode responsible for the seat or place of residence of the entity or the Mazowieckie voivode when the foreigner’s work specificity does not allow the main place of work to be indicated.
Submitting applications online
Thanks to the digitization of the application process, we can submit them using the praca.gov.pl portal, which significantly speeds up the procedure. We can submit the application from home or any other place. All we need is an internet connection and a Trusted Profile or qualified electronic signature.
Fees for obtaining a work permit
The cost of a work permit in Poland varies depending on the type of permit and the length of its validity:
PLN 100.00 – in the case when the foreigner’s work is to last longer than 3 months;
PLN 50.00 – in the case when the foreigner’s work is to last no longer than 3 months.
In Poland, it is possible to make online payments for obtaining a work permit. The fee must be paid to the account of the relevant Voivodship Office. In cases of online payments, remember to print the document with the annotation “The document was prepared electronically based on Art. 7 para. 1 and 2 of the Banking Law. It does not require a stamp and a signature”.
Minimum wage for work
To employ a foreigner, it is necessary to provide them with remuneration in accordance with the minimum rates in force in Poland.
The minimum wage for work from January 1, 2023 is 3490 PLN gross/month or 22.80 PLN gross/hour.
The minimum wage for work from July 1, 2023 will be 3600 PLN gross/month or 23.50 PLN gross/hour.
The process of obtaining a work permit in Poland can be time-consuming and may take several months. It should also be remembered that the rules and regulations regarding work permits in Poland may change.
Importantly, citizens of countries such as Armenia, Belarus, Georgia, Moldova, and Ukraine do not need a work permit. Citizens of these countries can work legally on the basis of an employer’s statement of entrusting work to a foreigner. To employ a worker legally, the employer is also obliged to check whether the foreigner is legally staying in Poland.
Author: Anna Korzun
