The Heads of the Labor Office information about the impossibility to meet the employer's staffing needs is usually issued before the obtaining a work permit. This is a document that confirms that there are no suitable candidates for the given position among those registered at the labor office as an unemployed person, as well as confirms that the salary and requirements are appropriate in comparison with the local market.
The information of the Head of the Labor Office shall be issued by the Labor Office competent for the place of work of the foreigner. This means that if the employer is registered in Warsaw and the place of work of the foreigner is situated in Poznań, the employer submits an application for a work permit in Warsaw in accordance with its registered address, but provides the Heads of the Labor Office information, issued by the Labor Office in Poznań. If it is not possible to determine the place of work, the request for information shall be submitted to the Labor Office competent for the head office of the employer.
What does the labor market test look like?
First, the employer submits a job offer together with a request for the Heads of the Labor Office information in the appropriate Labor Office, where he lists the position, working conditions and requirements for candidates (experience, skills, knowledge of languages, etc.) Then the Labour Office publishes a job offer and checks whether someone from the unemployed meets the requirements. Within 14 days from the date of publication of the job offer, candidates can apply among those registered with the employment office as unemployed. If there are no such persons, the office will issue Heads of the Labor Office information within 14 days. If an unemployed person who is suitable for the job is found, the employer should interview him and hire if he / she meets all the requirements of the job offer. If these candidates from the employment office do not meet the requirements, the Heads of the Labor Office information about the impossibility to meet the employer's staffing needs will be issued within 21 days from the date of submission of the job offer. If the employer refuses to hire a candidate who meets the requirements, the Head of the Labor Office will issue the information with a note that it is possible to meet the staffing needs in the local labor market, which means that the employment of a foreigner for this position will not be possible.
Particular attention should be given to job offers where the requirements are manifestly excessive. For example, when an employer submits an offer of employment as a pizza delivery person and mentions the need for a C+E driving licence and knowledge of the Italian language, the Labor Office has the right to ask for clarification on the requirements and to remove them from the job offer if the requirements for the job are found to be too high.
It is worth noting that there is an opportunity to indicate several vacancies for a given position in the job offer. So, if the employer intends to hire five employees from third countries for the same position, he can submit the only one job offer, but it should be remembered that the application for a work permit is accompanied by information from the Head of the Labor Office, issued no earlier than 180 days from the date of application, and in cases justified by the Head - 90 days before the application.
The job offer is not subject to payment and is submitted by letter, in person, via e-mail or on the government website praca.gov.pl.