Employers are obliged to conduct labour market tests when they want to hire a non-Polish person from outside the EU. This does not apply to all jobs – there are some types which do not require for the procedure to be adopted. These include mainly positions that are in great demand, domestic workers or caregivers from the countries neighbouring Poland, jobs which can be managed in your own household, or those who continue work performed on the basis of a declaration of intention to entrust a job to a foreigner. In other cases – the following steps need to be taken.
1) Talk to your employer
Make sure they understand that some of the responsibilities are on their part. They will have to file forms and sign the documents in which they oblige themselves to give you a job.
2) Visit the employment office
This is, again, the employer’s task. They notify their local employment office about the vacancy. While doing that, it is important to remember that the position has to be classified under certain code names specified for each job (the list of all of them in Polish can be found here).
The ball is now in the authorities’ court. The officials check the availability of native Polish jobseekers who can do the job and investigate whether the remuneration is fair considering the position placed in the offer. They may organise an open recruitment if they find suitable candidates among those registered in the office. When the procedure is finished, the local district governor issues the decision.
4) The decision
It is issued within 14 days of the job notification if the office found none of its current jobseekers suitable for the position. However, if they decided that the vacancy can be taken by a Polish unemployed person and a recruitment process was open to the public, the decision is issued within 21 days.
5) Attach it
A positive decision has to be attached to a relevant application form. If the employer is applying for a work permit for you, they need to pass this document to relevant authorities (see: Work permits in Poland). However, if it is an individual applying for a unified temporary residence and work permit, they will need to file it along with other necessary documents.
Pay attention to…
The issue of labour market tests in Poland has recently become controversial. Many employers in Poland want to make sure that they will be able to hire the employee of their choice and in order to do that they construct job offers in a rather creative way. Whether you are an employer or a foreigner trying to get the job – you have to remember that employment offices in Poland are professionally trained to detect false information in your advertisements. You will avoid extra fuss and formalities if the vacancy notification is put in a clear and honest manner, with the adequate salary and reasonable expectations.
Completing the labour market test procedure is usually the last step on your way to getting a job in Poland. Now you just need to focus on your career and plan your future in the country!