The declaration of entrusting work to a foreigner (hereinafter referred to as the declaration) allows the foreigner to work in Poland without the need to obtain a work permit. Due to the fact that the majority of foreigners in Poland are immigrants from Ukraine, Belarus and Russia, the declaration is the most popular document issued to foreigners. Only citizens of six countries can receive this statement: Armenia, Belarus, Georgia, Moldova, the Russian Federation or Ukraine.
The declaration on entrusting work to a foreigner limits a legal work for up to 6 months within the next 12 months. The period of 6 months of work is not applied to the particular employer, but only to an employee, which means that, regardless of the number of employers, a foreigner can work only for half a year on the basis of such a document. Of course, it is possible to continue legal work in Poland, but the employer must obtain a work permit for this purpose.
The declaration on entrusting work to a foreigner is entered into the register at the request of the employer within 7-10 days. The deadline for registration of the declaration depends on the size of the locality and the number of applications.
To hire a foreigner, the employer must satisfy certain conditions. Firstly, the employer cannot be in arrears with ZUS and the Tax Office. This information is verifying during the registration of the declaration, and if there is a debt even up to PLN 1, The Labour Office will refuse to register the declaration or suspend the registration process until receives a tax and contributions clearance certificate. Secondly, the declaration cannot be registered for occupations which are on the seasonal work list, as there is another seasonal work permit for these occupations. As a rule, seasonal work includes agricultural activities, accommodation and catering services. Thirdly, the work of a foreigner cannot be connected with the performance of functions in the company's management board, the function of a proxy, or be connected with affairs of a limited partnership or a limited partnership. There is also a separate work permit for such positions.
The employer must provide:
- Copy of the foreigner's passport;
- Clean criminal record statement;
- Extract from register CEIDG or KRS;
- Copy of the employer's ID, if he is not registered in the KRS;
- Proof of payment of PLN 30.00;
- Power of attorney, if there is a representative in the case.
After registration of the declaration, the employer must handle it to the future employee in order to obtain a visa, as well as to prove the purpose of his arrival to Poland. During the coronavirus (COVID-19) pandemic, a foreigner will not be able to come to Poland as a tourist, only with the justified purpose – to work, study, do business, etc. Currently, such declaration can be issued both in paper form with the seal of Labour Office and the signature of the inspector, and electronic form - with the electronic signature of the inspector. These two forms of documents are identical and depends only on practice of particular Labour Office.
After the arrival of the foreigner, it is necessary to conclude a written contract in accordance with the conditions indicated in the declaration, and provide a translation of the agreement into a language understandable to the foreigner. It is worth remembering that most changes in working conditions make it necessary to register a new declaration for a foreigner. After signing the contract, the employee should be registered in ZUS within 7 days. Copies of his passport, visa and declaration should be kept for the entire period of work of the foreigner.
The obligation, which employers often forget or do not know about, is to inform the issuing authority that the employee started work (no later than the first day of work), that he did not start work (no later than 7 days from the date of starting work in the declaration) and that the employee has completed work if it was completed before the date specified in the declaration. The above mentioned notifications are the legal duty of the employer who hired the foreigner, but at the same time they help the foreigner to have several declarations during 6 months or extent working time. If the employer did not inform that the foreigner has not come to work at all, such a declaration is automatically considered as actually worked, even if the foreigner did not stay on the territory of Poland. This will not allow a foreigner to receive another job on the basis of the declaration within a year of registration of the first one. If the first employer informs, the second employer will be able to register the declaration.
In addition, if a foreigner takes up work after a month or two from the date of commencement of employment indicated in the declaration, the employer may register another declaration for the remaining unexpired period by notifying the Labout Office. If the employer decides to continue employment, it is possible to apply for a work permit or a residence and work permit.
Often, the procedure for hiring foreigners is too complicated for employers, and they outsource the cases of foreigners to outside companies. First of all, the employer should keep watch over two things - the legality of stay of foreigner in Poland and the legality of his work.