Declaration of intention to employ foreigners

by Ewelina Nurczyk in: Legal & Taxes, 07 Mar 2016     0 Comments

Poland is open to foreigners from neighbouring states. The flow of labour from the countries close to our borders is beneficial for both sides. Read on if you are from Armenia, Belarus, Georgia, Moldova, Russia or Ukraine and want to work in Poland!

Although some of the countries neighbouring Poland have not entered the European Union (Belarus, Ukraine and the Russian Federation), there is a strong bond between their labour markets and it called for more lenient regulations towards the nationals of these states. The same applies to people from Armenia, Georgia and Moldova, even though these countries do not share a border with Poland.

Thanks to introducing the employer’s declaration of intent to employ a foreigner, citizens of the aforementioned countries can take up work in Poland without the necessity of obtaining a work permit, if the work period does not exceed 6 months within 12 subsequent months. If it does, they ought to apply for a work permit on regular grounds.

Need some more information on work permits?
Find it here!

Who can file the declaration

Similarly to the job market tests, it is your employer’s initiative to take care of the formalities. The employer can be:

  1. A legal entity which is obliged to possess the National Court Register (KRS) or an entry in the Central Registration and Information on Business
  2. A natural person who presents their ID and can confirm their source of stable income. Such persons can file only 4 declarations per year.
  3. An entity performing farming activities who need to present their Agricultural Social Insurance Fund (KRUS) certificate.
  4. An employer conducting their business for at least one year, employs at least one person and is unable to suffice for their recruitment needs on the local labour market.

Step by step

There are a few crucial steps that need to be undertaken for the procedure to be successful. Your employer needs to take care of the formalities, which are the following:

  1. The employer submits a job offer to a local employment office (in Polish: Powiatowy Urząd Pracy). This action should take place at least 10 days before submitting the declaration itself.
  2. The employer registers the declaration in the respective employment office at least 14 days before the planned date of starting the cooperation. To download the form along with the letter of rights at the last page of the document, click here. All necessary documents confirming the employer’s legal status, as in the paragraph above, should also be submitted. Each document has to have a copy.
  3. The employer delivers one copy of the declaration to their future employee. If the person is abroad, it has to be mailed to them. The other copy remains at the employment office.
  4. Upon the receiving of the declaration, the foreigner may apply for a visa or temporary residence card (depending whether they are still residing abroad or are already in Poland).
  5. The declaration opens the way to signing a written contract of employment or a civil law contract between the employer and the foreigner.

What else is there to know

The procedure of registering the declaration is free, so any employer charging you money is breaking the rule of law.

Similarly to work permits, if the employee fails to start or stops working on the post specified in the declaration, the employment office should be notified. If the employee wants to change the job, a new declaration has to be registered.

The half-year period of legal work can be split into shorter periods. However, after it passes and the employee wishes to continue their work, a work permit is needed. In this case, it is easier than in standard circumstances, as there is no need for a labour market test. 

Keeping our fingers crossed for all the citizens of Armenia, Belarus, Georgia, Moldova, Russia and Ukraine who want to work in Poland - best of luck!

See also

Work permits in Poland

Work permits in Poland

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Temporary residents working in Poland - see what you need

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Author
Ewelina Nurczyk

Ewelina Nurczyk

Editor

Contact the author

Editor at CareersinPoland.com. A graduate of English studies and Polish language and literature at Warsaw University, specialising in teaching Polish to foreigners. 

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