Work Visa For Poland From Uk

When you’re recruiting and hiring in a new country, you’ll need to grapple with cultural nuances as well as employment laws. Polish employment law can seem complicated and confusing if you have never hired an employee in the country. However, Poland employment compliance and other EU countries’ laws share some similarities.

If you plan to expand to Poland, you’ll need to know these various labor laws to stay compliant. Globalization Partners is here to help. We’ll use our already-established Poland PEO to meet all levels of compliance while hiring employees who will work for you.

Recruiting in Poland

Understanding the cultural side of the recruitment process is essential, but it’s just as important to have an understanding of the practical aspects of staffing in Poland. Utilizing the right recruitment channels can make all the difference when it comes to finding qualified local talent. Many companies source talent through the following channels:

• Social media: Social networks, particularly LinkedIn, are widely used by recruiters in Poland.
• Job boards: Unlike LinkedIn, job boards will allow you to directly reach a pool of candidates who are actively searching for new jobs. A balanced hiring approach in Poland will often utilize both job boards and social media.
• Newspapers: Newspapers have a relatively wide reader base in Poland, so it won’t hurt to advertise positions in the classifieds as well.

Laws Against Discrimination in Poland

Under Polish law, employers cannot discriminate on the basis of any of the following characteristics:

• Age
• Sex
• Race
• Religion
• Disability
• Trade union membership
• Nationality
• Political beliefs
• Ethnic origin
• Sexual orientation

Your responsibility as the employer begins during the recruitment process. To avoid legal compliance issues, don’t ask questions about any protected characteristics in interviews, meetings, or even casual conversations with potential employees.

How to Hire Employees in Poland

The best way to hire Poland employees is with an employment contract. The country requires an employer and employee to draft and sign a written contract prior to the employee’s start date. Contracts must be written in Polish. Bilingual contracts are permitted, but the Polish version will be used for any interpretations. Employers also need specific statements and forms in addition to the contract to register with the proper authorities.

Employment contracts must include these items:

• Name of employer and employee
• Length of the contract
• Date it was signed
• Employment terms and conditions such as compensation, bonuses, type of work, place of work, and more

Employers must also provide employees with additional written information, including work hours, holidays, and applicable collective agreements within seven days of their start of employment.

Poland Employment Laws

Poland employment compliance includes multiple factors that begin with your employment contract. Two types of employment contracts are available and differ based on length:

• Short-term contracts can consist of just a three-month probationary period.
• Fixed-term contracts are available for work up to 33 months but can be renewed up to three times. If the same parties enter into a fixed-term contract for a fourth consecutive time or the total period of employment in the contract exceeds 33 months, the contract automatically becomes an open-ended contract.

You must comply with the rules of the contract you choose. If you hire a Poland employee under a probationary period, you should outline the terms of that period in the employment contract. If the agreement does not include working hours, payment frequency, or annual leave entitlements, you’ll need to inform the employee of these details in writing within seven days of the start of the contract.

It can be challenging to obtain permits for foreign employees to live and work in Poland, as the priority goes to Polish citizens. However, understanding the process and requirements for obtaining visas and work permits can help.

Types of Work Visas in Poland

Because Poland is a member of the European Union (EU), citizens of other EU member states do not need a permit to work there. Most other individuals will need a visa to stay in the country as well as a permit to work.

There are several types of visas available for non-EU citizens seeking entry into Poland for employment purposes, including:

• Work Permit (Type A): This permit is required for foreign individuals who work for a Polish employer.
• Work Permit (Type C or E): This permit is available for those sent to work in Poland through an intracompany transfer.
• Business visa (Schengen Visa C or D)
• Freelance/entrepreneur visa

Each type of work permit has its own requirements. Remember that employees will need both a valid visa or residence permit and a work permit.

Requirements to Obtain Poland Work Visas

The employer must provide several documents to obtain a work permit on behalf of a foreign employee. These documents include:

• A completed application form
• Evidence of payment of application fees
• Confirmation of the legal status of the employer from the National Court Register
• Current records of the employer’s economic activity
• Copies of the applicant’s passport pages with relevant travel information
• Evidence that the applicant has health insurance
• A deed for the company
• A copy of a statement regarding profits or losses sustained by the employer
• A copy of a contract in accordance with the service being provided in Poland

Application Process

Individuals planning to work in Poland will need a Polish employer to apply for a work permit on their behalf. There are several steps in the application process.

1. Conducting a Labor Market Test

Before beginning an application for a foreign work permit, the employer must conduct a labor market test. The purpose of this test is to determine whether there are any Polish citizens or other EU nationals qualified to fill the position. These individuals have priority over foreign nationals.

If there are no eligible job seekers in the market, the employer can apply for a work permit on behalf of a foreigner.

2. The Application Process

The employer is responsible for the work permit application. With the application, the employer will need to include documentation proving that the following conditions are satisfied:

• The conditions of employment are favorable under all applicable employment regulations, including provisions of the Labor Code.
• Remuneration is no more than than 30% lower than the average monthly wage, according to the Voivodeship Office.

The employer will also need to include the required documents listed above. It’s the employee’s responsibility to provide the employer with the necessary personal documents, such as passport pages.

3. Issuing the Work Permit

Polish work permits are issued by the local government head of the land, the Voivode. Once the work permit application is approved, three copies of the permit will be made: one for the Voivodeship Office, one for the employer, and one for the employee. The employer is responsible for giving the work permit to the employee. The employee can then begin to work legally in Poland.

Conclusion: Other Important Considerations

Employees should be aware that their work permit is only valid for the time they stay with the company that applied for it on their behalf. Should they want to switch careers, their new employer will need to apply for an entirely new permit.