Latest interpretations on employment of foreigners in Poland

Sample application for a change of work permit and the latest interpretations on employment of foreigners

According to the amended regulations on the employment of foreigners, another implementation act regarding the sample form of the application for a change of the temporary residence and work permit has come into force. Furthermore, interpretations of the Ministry of the Family and Social Policy concerning the declarations on entrusting work to foreigners have been published.

Sample application for change of decision

The Regulations of the Minister of Internal Affairs and Administration dated 20th of January 2022 on the application for amendment of the temporary residence and work permit introduces a sample form to be submitted to the Voivodship Office in case of amendment of the uniform work permit.

A new amendment to the Act on foreigners and certain other acts has expanded the list of situations in which it is possible to obtain a decision on the change of a temporary residence and work permit. Until now, a change of the entity entrusting the work required submission of a new application for temporary residence. Nowadays an application for its amendment must be submitted, together with the required documents regarding the employer and the new conditions of employment, including Annex No. 1 to the application.

While applying to amend the decision, it is required to pay a stamp duty for PLN 220.

In what cases is it necessary to apply for a change of the decision?

An application should be submitted in case of change of:

the entity entrusting the work,
user employer,
the position at which the foreigner will work,
reduction of the salary amount,
dimension of working time,
type of contract,
occurrence of conditions for exemption from the obligation to possess a work permit

Important issues regarding changes to the permit

The validity period of the modified permit cannot exceed 3 years from the date of the decision on the temporary residence.

It is also important to remember to inform the Voivod about the cessation of the reason for granting the permit within 15 days. The obligation is fulfilled when the application for a change of temporary residence and work permit is submitted.

The link to the regulations specifying the sample of the application for a change of decision is here [PL].

Changes regarding declarations on entrusting work to foreigners

The new regulations have introduced not only a change to the period for entering the declaration in the register of declarations (24 months), but also the following regulations:

the time limit for informing the Labour Office is 7 days after the foreigner starts working – previously this obligation had to be fulfilled no later than on the day of the beginning of employment,
the salary of a foreigner cannot be lower than the salary of employees who perform work of a similar type and in a similar position,
the date of the beginning of work specified in the declaration cannot be later than 6 months from the date of submission of the declaration.

The catalog of countries that may benefit from the mentioned procedure for the legalization of work has not been extended. The declaration on the entrustment of work still applies to citizens of 6 countries: Armenia, Belarus, Georgia, Moldova, Russia and Ukraine.

Latest interpretations related to the declaration on commission of work to foreigners

As mentioned above, the new regulations have introduced the possibility of obtaining a declaration on commissioning work to foreigners for 24 months.
Earlier regulations allowed to work for 6 months within a period of 12 months. Currently, the reference period is no longer applicable. According to the information from the Ministry of Family and Social Policy, there are no obstacles to applying for new declarations right after the end of the validity period of declarations issued under the previous rules. The declarations will be entered into the register for a period of 24 months and no breaks in obtaining documents are required in this respect.

Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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