Procedure and rules for employing foreigners in Poland

Before answering the question of how to hire a foreigner in Poland, it's worth clarifying which nationality you're hiring . The procedure for hiring a German or Swiss national is different, as is the case for a Canadian or Turk, and yet another for a Ukrainian or Belarusian (we'll discuss the issue of hiring workers from these countries in the section on the simplified procedure for hiring foreigners). If the candidate is a citizen of the European Union, the European Economic Area (Norway, Iceland, Liechtenstein), or Switzerland, a work permit is not required.

Citizens of the EU, EEA, and Switzerland benefit from the free movement of workers . This means that an employer can employ such an employee under exactly the same terms as a Polish citizen. Foreign nationals, in turn, are required to report any stay in Poland exceeding three months to the voivodeship office responsible for their place of residence.

For a foreigner to legally work in Poland, two key requirements must be met. First, the foreigner must reside legally in Poland, which means holding one of the following residence permits:

• valid visa *,
• residence permit,
• a stamp in the passport confirming the submission of an application for temporary residence.

* Please note that not every visa gives you the right to work in Poland – for example, a tourist visa does not entitle you to take up employment.

Secondly, the foreigner must have a document authorizing them to work , such as a work permit. A work permit is generally issued at the employer's request by the voivode responsible for the foreigner's place of residence or the employer's registered office.

Seasonal workers deserve more attention, as a slightly different procedure applies to them. Employing a foreigner for seasonal work in Poland is based on a seasonal work permit (type S) , which is intended for individuals performing work in specifically defined industries. This primarily applies to activities related to agriculture and tourism, in accordance with the subclasses of the Polish Classification of Activities. This includes, among others, work on crops, animal breeding and husbandry, as well as services supporting the agricultural sector.

A seasonal work permit is issued solely at the employer's request by the district head appropriate for the company's registered office or location and can be valid for a maximum of 9 months in a given calendar year . Possession of such a permit allows a foreigner to apply for a seasonal work visa and, if the nature of their duties changes—after completing additional formalities—also allows them to take up other employment based on an appropriate permit or declaration.

The simplified procedure for employing foreigners in Poland applies to citizens of Armenia, Belarus, Moldova, and Ukraine . Workers from these countries are not required to apply for a work permit. Legalization of residence and work involves submitting a declaration of entrusting work to a foreigner to the district labor office . Based on this document, the foreigner can legally work for a designated employer for a maximum period of 24 months. If this period has expired, it is possible to extend the work and residence permit in Poland by submitting a new declaration of employment. The simplified procedure for employing foreigners in Poland does not apply to seasonal work.

The rules for employing foreigners in Poland aren't always easy to understand. Preparing applications for employment permits for foreigners can sometimes be challenging for employers, as can completing the visa formalities for employees themselves. In such cases, the comprehensive services provided by the Office for Citizenship Affairs come in handy. We'll explain the rules for employing foreigners in Poland , help you formulate your applications, and, if necessary, advise you on what steps to take in the event of a negative decision.

The rules for employing foreigners in Poland depend primarily on the employee's citizenship and the type of intended employment. Citizens of the EU, EEA, and Switzerland can work without additional permits , while foreigners from outside these areas must meet residence requirements and obtain the appropriate document legalizing their work (for example, a temporary residence and work permit ). A different solution is the seasonal work procedure, targeted at selected industries, as well as a simplified procedure for employing foreigners, available to citizens of specific countries . Choosing the right legalization path is crucial for both employers and employees, which is why business services for legalizing foreigners are increasingly essential , allowing for efficient and safe completion of all formal stages.