The company X employs 10 employees from Ukraine and Belarus. The accountant of the company contends that the termination of an employment contract with a foreigner, the company must inform the Governor. All persons working on the basis of permit for temporary residence and work. Is there really such a commitment?
In this question it is necessary to distinguish two situations, first Foreigners working in Poland on the basis of a work permit and second Foreigners working on the basis of permit for temporary residence and work.
In the case of persons performing work on the basis of work permits in some cases the employer is obliged to inform the Governor about the cancellation of the contract with the Foreigner. In accordance with article 88i of the Act on the promotion of employment and institutions of labour market, organization providing a foreigner the execution of the work within 7 days in writing form should inform the Governor who issued the work permit, including the following circumstances: the foreigner didn't start to work within 3 months of the initial term of the work permit, the foreigner is stopped for a period exceeding 3 months, a foreignerl has completed the work earlier than 3 months before the expiry of the work permit.
However, persons working in Your company on the basis of a temporary residence permit and work, separate procedures streamlined to article 114 – 126 of the aliens Act. The above rules do not impose any particular informational obligations in respect of the need to inform the Governors on the termination of the employment contract. Such a duty is imposed on the Foreigner, because in accordance with the content of article 121 of the Law on foreigners, the Foreigner is obliged to send written notification to the Governor within 15 working days of the loss of work.
The Act of Foreigners does not impose any similar obligations on the employer, as in the case of employment of foreigners on the basis of work permits. You should at this point indicate a significant difference in these matters. In the case of a work permit the Applicant is the employer and he issued a decision, and in the case of a temporary residence permit and a job applicant is a Foreigner and he is the recipient of the decision. The employer in this case is not considered by the Governor even as a party to legal proceedings.