How to Hire a Citizen of Belarus?

How to Hire a Belarusian in Poland?

To hire a Belarusian in Poland, you simply need to submit a declaration of entrusting the foreigner with work and obtain their registration in the records. A labor market test or work permit for a Belarusian is no longer necessary.

This declaration should be submitted to the appropriate district labor office—either in person or electronically. It will be accepted or you will receive a refusal within 7 business days.

When Can You Hire a Belarusian Without a Work Permit?

You can take advantage of the simplified procedure if all of the following conditions are met:

1. The foreigner you intend to hire is a citizen of Ukraine, Armenia, Belarus, Georgia, or Moldova.
2. The period of employment specified in the declaration does not exceed 24 months.
3. The start date of work indicated in the declaration is no later than 6 months from the date of its submission.
4. The foreigner's salary will not be lower than that of employees performing comparable work or holding comparable positions.
5. The work the foreigner will be performing is not seasonal work that requires a permit.

Remember, without the registration of the declaration of entrusting the work, the employee cannot be legally employed.

Rules for Employing a Citizen of Belarus

As an employer hiring a foreigner under the declaration of entrusting work, you must:

1. Verify the validity of and make a copy of the document allowing the foreigner to stay in Poland. You are not allowed to keep the original of these documents.
2. Provide the foreigner with the registered declaration, which will allow them to obtain a visa at the Polish diplomatic-consular post in their country of residence in order to take up work.
3. Enter into a written agreement with the foreigner in accordance with the terms specified in the declaration. Before signing the agreement, you should present a translation in a language the foreigner understands.
4. Notify the appropriate district labor office of the foreigner's start of employment within 7 days of the date specified in the declaration's records. You can submit this information in writing or via the Praca.gov.pl portal.
5. Register the foreigner for social and health insurance within 7 days of starting work, which ensures:
• Benefits in case of illness or work-related accidents,
• Maternity benefits,
• Free access to healthcare (does not apply to civil law contracts).
6. Adjust the salary accordingly based on the increase in working hours if the foreigner works part-time or based on the number of hours if they are employed under a civil law contract.

Can the District Office Issue a Refusal?

The district office may issue a refusal in cases such as:

• The employer has been penalized for illegal practices related to employing foreigners,
• The employer has been penalized for malicious or persistent violations of labor rights, failure to register an employee for social insurance, endangering the health or life of an employee, or failure to report an accident or occupational disease,
• The employer has been penalized for falsifying documents, certifying false information, or using someone else's identity documents in the process of obtaining a work permit,
• The employer has been convicted in connection with human trafficking,
• The maximum number of declarations for the given calendar year has been exceeded (if such a limit has been announced),
• The requirements for registering the declaration in the records were not met, for example, if the declaration concerns seasonal work.

Additionally, the district office may refuse to register the declaration if it determines that:

• The declaration was submitted for fraudulent purposes,
• The foreigner intends to use the declaration for purposes other than working for the employer,
• The employer does not fulfill obligations related to conducting business or assigning work to others, including:
• Lacking financial resources or income sources to cover the obligations arising from employing a foreigner,
• Not running a business, agricultural, or statutory activity justifying the employment of a foreigner, or having their business suspended, liquidated, or removed from the relevant register,
• Not paying social security, health insurance, or other applicable contributions, or not paying social security contributions for farmers,
• Failing to register employees for mandatory social insurance,
• Having tax arrears, unless legally granted a deferment, installment plan, or suspension of the execution of the tax authority's decision.

Summary

How to hire a Belarusian citizen? You can use the simplified procedure, which does not require obtaining a work permit or conducting a labor market test, provided the specified conditions are met. Key steps include submitting a declaration of entrusting work to the foreigner to the district labor office and registering it in the records. The process is quick, and the decision should be made within 7 business days.

This procedure is available for citizens of Ukraine, Armenia, Belarus, Georgia, and Moldova, with conditions including a maximum employment period of 24 months, starting work within 6 months of submission, and a salary no lower than that for comparable employees. The work must not be seasonal, requiring additional permits.

If you're unsure how to submit the declaration or want to appeal a refusal decision, contact us. Comprehensive foreigner service is our specialty. We also provide support in areas such as:

• Polish citizenship,
• Legalization of stay and work,
• Invitation for a foreigner,
• Temporary and permanent residence permits,
• Extension of work and stay permits in Poland,
• Visas for foreigners.