Hiring in Poland
Applying for a work permit in Poland involves a series of steps that need to be completed by the employer. The process can be quite detailed, but with the right preparation, it can proceed smoothly. Below is an overview of the steps involved in applying for a work permit.
Step 1: Verify Employee Eligibility
Before applying for a work permit, ensure your prospective employee is eligible for one. The requirements vary based on nationality and the type of work the employee will perform.
- Non-EU/EEA nationals generally require a work permit.
- Citizens of certain countries (e.g., Ukraine, Moldova, Georgia) may work without a visa or permit for short periods, but a work permit is still required for long-term employment.
- Make sure your employee meets the requirements for the specific type of work permit you’ll apply for.
How an EOR Helps: An Employer of Record (EOR) can handle the eligibility assessment for your employee, ensuring they meet the specific criteria for the work permit category you are applying for, whether it’s for a skilled worker, seasonal laborer, or intra-company transfer.
Step 2: Submit the Work Permit Application to the Voivodeship Office
The employer is responsible for submitting the application for a work permit at the Voivodeship Office in the region where the employee will be working. The office will review the application and make a decision on whether to approve the permit.
The required documents typically include:
- Application form: Complete the form specific to the type of work permit being applied for.
- Proof of employment: Include a signed employment contract between the employee and employer.
- Company registration documents: Provide proof that the company is registered and legally operating in Poland (e.g., National Court Register).
- Proof of financial standing: The company should submit financial statements or proof of the company’s ability to pay the employee’s salary.
- Passport copy: Provide a copy of the employee’s passport or travel document.
- Job description: A detailed job description including the role, salary, and other employment details.
The processing time for work permits can vary depending on the type of permit and the region. It generally takes between 1 to 2 months for a decision to be made.
How an EOR Helps: EORs manage the entire application process on behalf of the employer, ensuring that all the required documents are correctly submitted and processed. They also liaise with local authorities, ensuring that everything is filed on time and in compliance with Polish regulations.
Step 3: Wait for Approval
After the Voivodeship Office processes the application, they will decide whether to approve or deny the work permit. If approved, the permit will be issued, and the employee can then proceed to apply for their visa.
How an EOR Helps: EORs track the status of the work permit application and inform the employer when approval has been granted. This ensures no delays occur, and the employee is ready to move on to the next step in the process.
Step 4: Apply for a Work Visa (if required)
Once the work permit is approved, the employee can apply for a Type D National visa (long-term work visa) at the Polish consulate or embassy in their home country. The employee will need to provide the following documents:
- Proof of the work permit issued by the Voivodeship Office
- Visa application form completed through the e-Konsulat system
- Passport (valid for at least 6 months beyond the visa application date)
- Proof of accommodation: Evidence of where the employee will live during their time in Poland
- Travel insurance: Proof of health coverage that meets the minimum requirements
- Employment contract and job offer letter
The consulate will process the visa application, which typically takes 2 to 6 weeks. It’s advisable to apply at least two months in advance to account for delays.
How an EOR Helps: An EOR takes on the responsibility of applying for the employee’s work visa, ensuring that all the required documents are submitted and that the visa application is processed smoothly and on time. They ensure compliance with Polish consular regulations, reducing the chance of any issues or delays.
Step 5: Entry to Poland
Once the visa is issued, your employee can enter Poland. Upon arrival, they may need to register with local authorities if staying longer than 90 days. They may also need to apply for a residence card within the first 90 days of their stay.
How an EOR Helps: EORs help your employee navigate the entry requirements for Poland and assist with registering with local authorities, including helping them apply for a residence card if necessary. This support ensures the employee’s stay is legal and compliant with Polish law.
Step 6: Employer’s Obligations Post-Approval
After the employee arrives in Poland, there are several ongoing responsibilities for the employer, including:
- Monitoring work permit validity: Ensure the work permit remains valid throughout the employee’s employment. You may need to apply for extensions if required.
- Reporting changes: Inform the Voivodeship Office if the employee doesn’t start work within 3 months of the permit issuance, or if the employee stops working for more than 3 months.
- Maintain documentation: Keep records of the work permit, employment contract, and other relevant documents.
How an EOR Helps: EORs manage the ongoing administrative obligations by tracking the work permit’s expiration and ensuring renewals are processed on time. They also handle compliance reporting and maintain necessary documentation on behalf of the employer.
Common Mistakes to Avoid
Hiring international employees in Poland can be a complex process, and even small mistakes can result in significant legal issues or delays. To help ensure a smooth experience, it’s important to be aware of and avoid some of the most common mistakes employers make when navigating the work permit and visa process.
- Assuming a Schengen or Tourist Visa Allows for Work A Schengen visa or tourist visa does not allow for employment. Make sure your employee has the correct work permit and visa before they begin working.
- Hiring Before the Work Permit is Granted Never allow an employee to start working before their work permit is officially granted. Doing so can lead to serious legal and financial repercussions for both the employee and employer.
- Incomplete or Mismatched Documents Ensure that all documents are complete and accurate. Incomplete or incorrect paperwork can delay the process or result in rejections.
- Ignoring Short-Term Work Duration Limits Poland has specific limits on the duration of work permits for employees from certain countries. Be aware of these limits and ensure that the employee’s stay does not exceed the allowed duration.
Working with Global Employment Partners
When navigating the complexities of hiring and relocating employees to Poland, many employers find that working with a Global Employment Partner (GEP) can significantly simplify the process. These partners, often known as Employers of Record (EOR), offer an efficient way to manage international workforce compliance, visa sponsorship, and HR logistics.
Role of Employers of Record (EOR) like All IT Club
An Employer of Record (EOR) is a third-party service provider that takes on the responsibility of legally employing workers on behalf of your company in a foreign country. This means that the EOR handles the entire process of managing employment contracts, payroll, tax compliance, and other HR functions for employees based in a country where your business may not have a legal entity.
When to Consider Third-Party Support:
- Expansion into New Markets: Hiring employees in Poland without a legal entity? An EOR allows you to hire legally and efficiently.
- Hiring Remote Workers: Simplify global remote work management with an EOR that ensures compliance with local laws.
- Avoiding Legal Complexity: If navigating Polish labor laws and immigration regulations seems complex, an EOR can streamline the process.
- Short-Term or Temporary Projects: If you’re hiring workers for short-term projects, an EOR can handle all employment-related logistics, ensuring compliance.
