EMPLOYMENT OF FOREIGNERS IN POLAND
holds a work and residency permit in the Republic of Poland:
- a) on the basis of a visa with the exception of a visa issued for the purpose referred
to in Article 60 par. 1 item 1, 22 or 23 of the Law on Foreigners of 12 December,
2013, or
- b) on the basis of Article 108 par. 1 item 2 or Article 206 par. 1 item 2 the Law on
Foreigners of 12 December, 2013 or on the basis of the stamp affixed in the travel
document confirming submission of an application to obtain a permit for the
long-term stay of an EU resident if such person immediately prior to the submission of such an application was entitled to perform work in the Republic
of Poland, or
- c) on the basis of a temporary residency permit, with the exception of a permit
issued in conjunction with circumstances referred to in Article 181 par. 1 of the
Law on Foreigners of 12 December, 2013, or
- ca) on the basis of a document referred to in Article 61 of the Law on Foreigners of
12 December 2013 defining the status of a family member of a diplomatic
Mission member or consular post of a foreign country or other person equated
With such on the basis of a law, agreements or commonly established
International customs and remaining a cohabitant with such person if an
International agreement or understanding concerning the performance of for
Money activities by the family member of a member of a diplomatic mission or
Consular post has been concluded between the Republic of Poland and such
Foreign country, or
- d) on the basis of a visa issued by another Schengen country, or
- e) on the basis of a residency document issued by another Schengen country, or
- f) on the basis of visa-free travel.
13) is staying within the territory of the Republic of Poland on the basis of Article 108 par.
1 of the Law on Foreigners of 12 December, 2013 and:
- a) just prior to submitting a filing for the granting of a subsequent temporary
residency permit referred to in Article 139a par. 1 or Article 139o par. 1 of the
Law on Foreigners of 12 December 2013 has been staying in such territory on the
basis of such permit and continues to perform work that such person was
entitled to perform on the basis of such,
- b) performs work as a management employee, specialist or internship employee
Performing work as part of transfer within a company referred to in Article 3 item
13b of the Law on Foreigners of 12 December, 2013 to the benefit of the
acquiring entity that has submitted an application for the granting of a temporary
residency permit referred to in Article 139o par. 1 of this Law and on terms and
conditions stated in such application.
- performs work in the Republic of Poland on the basis of an agreement with an entity
whose registered office, place of residence or branch, plant or other form of organized
activities are found within the Republic of Poland (type A permit);
2.performs work consisting of the holding of function of member of the Management
Board of a legal entity entered into the commercial register or being a commercial
company being organized or running of the affairs of a limited partnership or
partnership limited by shares as the general partner or in connection with granting
such person procurare for an aggregate period of no more than 6 months in total
during a subsequent 12-month period (type B permit);
- performs work for a foreign employer and has been sent to the Republic of Poland for
a period exceeding 30 days during a calendar year to work in a branch office or plant
of the foreign entity or its affiliated entity within the meaning of the Personal Income
Tax Law of 26 July, 1991 (Journal of Law of 2016, item 2032 as amended) with the
foreign employer (type C permit);
- performs work for a foreign employer not having a branch office, plant or other
organized form of business activities within the Republic of Poland and has been sent
to Poland in order to perform services of a temporary or ad hoc nature (export service)
(type D permit);
- performs work for a foreign employer and has been sent to the Republic of Poland for
a period not exceeding 30 days within a subsequent 6-month period for purposes other
than those indicated in item 2-4 above (type E permit);
- performs work within the Republic of Poland within the scope of activities defined in
regulations issued on the basis of Article 90 par. 9 of the Law on the basis of an
agreement with an entity whose registered office or place of residence or branch, plant
or other form of organized activities is located within the Republic of Poland (seasonal
work), (type S permit).
Procedures associated with the issuance of a work permit foreseen in the Law allow the
employer to secure a work permit for foreigners being outside of Poland and intend to come
to Poland on the basis of a visa or in accordance with visa-free travel or other residency permit
and, additionally, intend to undertake work in Poland. A separate procedure for the issuance
of work permits for seconded employees sent by an entrepreneur having registered offices in
a non-Member State has been retained.
The employer files for a work permit (type A, B, C, D or E) to the appropriate province governor
[wojewoda] and, in the case of filing for a temporary work and residency permit for a foreigner
already legally staying in the Republic of Poland files to the province governor appropriate for
the place of residence of the foreigner. In the case of a seasonal permit (type S) introduced
from 1 January, 2018, the employer files with the appropriate county administrator [starosta]
(county employment office).
The 2nd instance authority in respect to work permits is the minister responsible for labor
issues whereas, in respect to temporary residency permits and work permits, the Head of the
Foreigners’ Office.
