Additional information

A foreigner may work in the territory of Poland if:

  1. has been granted refugee status in the Republic of Poland;
  2. has been granted supplementary protection in the Republic of Poland;
  3. has a permanent residence permit in the Republic of Poland;
  4. has a residence permit for a long-term resident of the European Union in the Republic of Poland;
  5. has a residence permit for humanitarian reasons;
  6. has a permit for tolerated stay in the Republic of Poland;
  7. enjoys temporary protection in the Republic of Poland;
  8. has a valid certificate issued pursuant to Article 35 (1) of the Act of June 13, 2003 on granting protection to foreigners within the territory of the Republic of Poland;
  9. is a citizen of a European Union member state;
  10. is a citizen of a country of the European Economic Area, not belonging to the European Union;
  11. is a citizen of a country that is not a party to the Agreement on the European Economic Area, which may exercise freedom of movement of persons on the basis of an agreement concluded by that country with the European Community and its member states;
  12. is a citizen of the United Kingdom of Great Britain and Northern Ireland referred to in Article 10(1)(b) and (d ) of the Withdrawal Agreement, or a member of his or her family referred to in Article 10(1)(e) and (f) of that Agreement;
  13. accompanies on the territory of the Republic of Poland a foreigner referred to in points 7-9 of Article 87 of the Act on Promotion of Employment and Labor Market Institutions (i.e., he/she is a citizen of a European Union member state, a citizen of a country of the European Economic Area, not belonging to the European Union), as a member of his/her family within the meaning of the Act of July 14, 2006 on the entry into, residence in and exit from the territory of the Republic of Poland of citizens of European Union member states and their family members;
  14. is accompanying on the territory of the Republic of Poland a Polish citizen as a family member within the meaning of Art. 2 item 4 letter b of the Act of July 14, 2006 on the entry into, residence in and departure from the territory of the Republic of Poland of citizens of European Union member states and members of their families;
  15. is a person referred to in Art. 19 (2) and (3 ) of the Act of July 14, 2006 on the entry into, residence in and exit from the territory of the Republic of Poland of nationals of the European Union member states and their family members;
  16. holds a temporary residence permit referred to in Article 114, paragraph 1 or 1a (the so-called “single temporary residence and work permit”), Article 126 (a temporary residence permit in the case of holding a position on the board of directors of a legal entity), Article 127 (the so-called EU Blue Card), Article 139a para. 1 (temporary residence permit for intra-corporate transfer work), Article 139o(1) (temporary residence permits for the long-term mobility of an executive, specialist or trainee employee, as part of an intra-corporate transfer) or Art. 142(3) (permit to perform work by performing functions in the management board of a limited liability company or a joint stock company which the foreigner has established or whose shares he has subscribed for or acquired, or to conduct the affairs of a limited partnership or a limited joint-stock partnership by a general partner, or to act as a proxy) of the Law on Foreigners of December 12, 2013 – under the conditions specified in this permit, unless the law allows them to be modified;
  17. stays in the territory of the Republic of Poland in connection with the use of short-term mobility of a managerial employee, a specialist or an employee undergoing an internship as part of an intra-company transfer, under the conditions specified in Article 139n, paragraph 1 (notification of the foreigner’s intention to use short-term mobility) of the Law on Foreigners of December 12, 2013;
  18. stays in the territory of the Republic of Poland in connection with the use of short-term mobility of a scientist under the conditions set forth in Article 156b, paragraph 1 (conditions for admissibility of short-term mobility of a scientist in the territory of the Republic of Poland) of the Law on Foreigners of December 12, 2013;
  19. resides in the territory of the Republic of Poland in connection with the exercise of student mobility under the conditions set forth in Article 149b (1 ) (conditions for admissibility of student mobility in the territory of the Republic of Poland) of the Law on Foreigners of December 12, 2013;
  20. has a work permit and resides in the territory of the Republic of Poland:
  21. on the basis of a visa, except for a visa issued for the purpose referred to in Article 60 (1) (1) or (22) of the Law on Foreigners of December 12, 2013, or
  22. on the basis of Article 108 (1) (2) or Article 206 (1) (2) of the Act on Foreigners of December 12, 2013, or on the basis of a stamp imprint placed in a travel document that confirms the submission of an application for a residence permit for a long-term resident of the European Union, if immediately prior to the submission of the application he was authorized to perform work on the territory of the Republic of Poland, or
  23. on the basis of a temporary residence permit, with the exception of a permit granted in connection with the circumstance referred to in Article 181(1) of the Law on Foreigners of December 12, 2013, or
  24. on the basis of a document referred to in Article 61 of the Law on Foreigners of December 12, 2013, specifying the status of a family member of a member of a diplomatic mission or consular post of a foreign state or other person equal to them on the basis of laws, agreements or commonly established international customs, remaining with that person in a household community, if an agreement or international agreement has been concluded between the Republic of Poland and a foreign state or an international organization on the performance of gainful activity by family members of staff members of diplomatic missions or consular posts, or
  25. on the basis of a visa issued by another country of the Schengen area, or
  26. on the basis of a residence permit issued by another Schengen area country, or
  27. within the framework of visa-free movement;
  28. is staying in the territory of the Republic of Poland on the basis of Article 108 (1) of the Law on Foreigners of December 12, 2013, and:
  29. immediately before applying for a subsequent temporary residence permit referred to in Article 139a (1) or Article 139o (1 ) of the Law on Foreigners of December 12, 2013, stayed in the territory on the basis of this permit and continues to perform the work to which he was entitled on the basis of this permit,
  30. performs work as a managerial employee, specialist or trainee employee in the framework of an intra-enterprise transfer referred to in Article 3, paragraph 13b of the Law on Foreigners of December 12, 2013, for the host entity that has applied for a temporary residence permit referred to in Article 139o, paragraph 1 of that Law, under the conditions specified in that application,
  31. conducts scientific research or development work in a scientific unit based in the territory of the Republic of Poland approved by the minister in charge of internal affairs pursuant to the provisions of Article 151(4)-(5) of the Law on Foreigners of December 12, 2013, and has applied for a temporary residence permit referred to in Article 151b(1 ) of that Law, under the conditions specified in the agreement referred to in Article 151b(1)( 2 ) of that Law.

A foreigner is exempted from the obligation to have a work permit:

  1. having in the Republic of Poland a temporary residence permit granted in connection with the circumstances referred to in Article 144 (temporary residence permit for the purpose of study), Article 151(1) or (2 ) (temporary residence permit for the purpose of scientific research), Article 158(2)(1) or (2) (temporary residence permit for family members of citizens of the Republic of Poland and foreigners – only if the decision was based on the indicated article of the Act), Article 161( 2) (temporary residence permit for family members of citizens of the Republic of Poland and foreigners – only if the decision was based on the indicated article of the Act). 2 (temporary residence permit for family members of citizens of the Republic of Poland and foreigners – only if the decision was based on the indicated article of the Act), Article 176 (temporary residence permits for victims of human trafficking) or Article 186 par. 1(3) or (4 ) (applies to a foreigner who holds a long-term resident’s EU residence permit granted by another EU member state or is a family member of a foreigner holding such a permit, with whom he or she has resided on the territory of another EU member state and accompanies or wishes to reunite with him or her) of the Act on Foreigners of December 12, 2013;
  2. being the spouse of a Polish citizen or a foreigner referred to in the point above and para. 1 points 1-6 of Article 87 of the Law on Promotion of Employment and Labor Market Institutions (has refugee status granted in the Republic of Poland, has been granted supplementary protection of the Republic of Poland, has a permanent residence permit in the Republic of Poland, has a residence permit for a long-term resident of the European Union in the Republic of Poland, has a residence permit for humanitarian reasons, has a permit for tolerated stay in the Republic of Poland, enjoys temporary protection in the Republic of Poland), having a temporary residence permit in the territory of the Republic of Poland granted in connection with marriage;
  3. being a descendant referred to in Article 2, paragraph 1, point 8(b ) of the Act on Promotion of Employment and Labor Market Institutions (a descendant of a Polish citizen or a foreigner, aged up to 21 years or dependent on him/her), of a Polish citizen or a foreigner referred to in points 1 and 2 of the aforementioned, and paragraphs. 1 points 1-6 (has a refugee status granted in the Republic of Poland, has been granted supplementary protection in the Republic of Poland, has a permanent residence permit in the Republic of Poland, has a residence permit for a long-term resident of the European Union in the Republic of Poland, has a residence permit for humanitarian reasons, has a permit for tolerated stay in the Republic of Poland, enjoys temporary protection in the Republic of Poland), having a temporary residence permit in the Republic of Poland;
  4. having a temporary residence permit in the territory of the Republic of Poland granted on the basis of Article 159 (1) of the Law on Foreigners of December 12, 2013 (so-called family reunification);
  5. residing in the territory of the Republic of Poland on the basis of a stamp imprint placed in the travel document that confirms the submission of an application for a temporary residence permit, permanent residence permit or residence of a long-term resident of the European Union, if immediately prior to the submission of the application he/she was exempt from the obligation to have a work permit on the basis of points 1-4 (applies to cases indicated in 4 points above);
  6. having a valid Card of the Pole;
  7. entitled to reside and perform work on the territory of a member state of the European Union or of a country of the European Economic Area that is not a member of the European Union or of the Swiss Confederation, who is employed by an employer located on the territory of that country and temporarily delegated by that employer to provide services on the territory of the Republic of Poland;
  8. in relation to whom international or separate agreements allow the performance of work without a permit,
  9. a work permit is not required in the case of a foreigner who is a citizen of a country specified in regulations issued pursuant to Art. 90( 10) (2 ) of the Law on Promotion of Employment and Labor Market Institutions(citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine), who performs work outside the scope of activities specified in regulations issued pursuant to Art. 90(9) of the aforementioned Act, if the district labor office, prior to the commencement of work by a foreigner, entered a statement on entrusting work to a foreigner in the register of statements, and the work is performed under the conditions specified in that statement
  10. having a valid visa issued for the purpose referred to in Article 60(1)(23) of the Law on Foreigners of December 12, 2013 (Journal of Laws of 2020, item 35, 2023, 2320 and 2369, and of 2021, item 159 and 1918);
  11. those holding a valid visa with the endorsement “Poland. Business Harbor;
  12. who are physicians or dentists who have the right to practice their profession in accordance with the provisions of the Law of December 5, 1996 on the professions of physician and dentist (Journal of Laws of 2021, items 790, 1559 and 2232);
  13. whose right to practice as a nurse or midwife has been granted or established in accordance with the provisions of the Act of July 15, 2011 on the professions of nurse and midwife (Journal of Laws of 2021, items 479 and 1559);
  14. authorized to practice the profession of paramedic in accordance with the provisions of the Act of September 8, 2006 on State Emergency Medical Services (Journal of Laws of 2021, item 2053);
  15. performing work in the private domestic service of a member of a diplomatic mission or consular post of a foreign country or any other person equal to a member of a diplomatic mission or consular post under laws, agreements or generally established international customs.
  16. In such a case, a Turkish national, in accordance with Article 6 (1) of Decision No. 1/80 of September 19, 1980 on the development of the Association adopted by the Association Council established under the Agreement establishing an Association between the European Economic Community and Turkey, a Turkish worker legally employed in the labor market of a member state shall, subject to Article 7 on access to employment for members of his family, have the right in that state:
  17. after one year of legal employment, to renew his work permit with the same employer, provided his position is retained;
  18. after three years of legal employment, and subject to the priority of workers from Member States of the Community, to accept, in the same occupation with any employer, an offer of employment made under normal conditions and registered with the employment service of that Member State;
  19. after four years of legal employment, free access to any paid work;
  20. Entry of declarations of entrustment of work to a foreigner in the register of declarations is made by the district labor office competent for the seat or permanent residence of the entity entrusting work to a foreigner.
  21. The period of performance of work on the basis of a statement on entrusting work to a foreigner may not exceed 24 months.

For more information on declarations and permits for seasonal work, please visit the websites of the district labor offices.

Entrusting a foreigner with work on the territory of the Republic of Poland without the need to obtain a permit

Pursuant to the Regulation of the Minister of Labor and Social Policy of April 21, 2015 on cases in which entrusting work to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit (i.e. Journal of Laws of 2019, item 2291), entrusting work to a foreigner on the territory of the Republic of Poland without the need to obtain a permit is permissible in the case of foreigners:

  1. providing training, participating in professional internships, performing an advisory, supervisory function or one that requires special qualifications and skills in programs implemented within the framework of European Union activities or other international aid programs, including on the basis of loans contracted by the Government of the Republic of Poland;
  2. who are teachers of foreign languages who work in kindergartens, schools, institutions, centers, teacher training institutions or colleges referred to in the regulations on the educational system, or in the Voluntary Labor Corps;
  3. who are members of the armed forces or civilian personnel who perform work in international military structures located on the territory of the Republic of Poland, or who are foreigners delegated to implement armament programs implemented under agreements to which the Republic of Poland is a party;
  4. who are permanent correspondents of foreign mass media who have been granted, at the request of the editor-in-chief of a foreign editorial office or agency, accreditation by the minister responsible for foreign affairs, but only to the extent of professional journalistic activities performed for the benefit of that editorial office or agency;
  5. performing individually or in teams artistic services lasting up to 30 days in a calendar year;
  6. giving, up to 30 days in a calendar year, occasional lectures, papers or presentations of special scientific or artistic value;
  7. who are athletes performing, up to 30 days in a calendar year, work for an entity based in the territory of the Republic of Poland in connection with sports competitions;
  8. performing work in connection with sports events of international rank, referred by the relevant international sports organization;
  9. who are clergymen, members of religious orders or other persons who perform work in connection with their religious function, in churches and religious associations and national inter-church organizations whose status is regulated by an international agreement, regulations on the relationship of the State to a church or other religious association, or which operate on the basis of registration in the register of churches and other religious associations, their legal persons or organizational units, and who perform work in the performance of religious functions in other entities, on the basis of a referral by the competent authority of a church or other religious association or its legal entity;
  10. who are students of full-time studies held in the Republic of Poland or participants of full-time doctoral studies held in the Republic of Poland;
  11. who are students who perform work as part of professional traineeships directed by organizations that are members of international student associations;
  12. who are students who perform work within the framework of cooperation between public employment services and their foreign partners, if the need to entrust a foreigner with work is confirmed by a competent employment authority;
  13. who are students of higher education institutions or students of vocational schools in member states of the European Union or countries of the European Economic Area that are not part of the European Union or the Swiss Confederation, who perform work as part of professional practice provided for in the study regulations or curriculum, provided that they have received a referral for such practice from a higher education or vocational school;
  14. who participate in cultural or educational exchange programs, humanitarian or development aid programs or student summer work programs organized in agreement with the minister responsible for labor;
  15. who are graduates of Polish secondary schools, full-time higher education studies or full-time doctoral studies at Polish universities, scientific institutes of the Polish Academy of Sciences or research institutes operating under the regulations on research institutes;
  16. performing work as scientific employees in entities referred to in the regulations on research institutes;
  17. delegated by a foreign employer to the territory of the Republic of Poland, if they retain permanent residence abroad, for a period not exceeding 3 months in a calendar year, in order to:
    • perform assembly, maintenance or repair work, delivered technologically complete devices, structures, machines or other equipment, if the foreign employer is their manufacturer,
    • to perform acceptance of ordered devices, machines, other equipment or parts, made by the Polish entrepreneur,
    • to train the employees of the Polish employer who is the recipient of the devices, structures, machines or other equipment referred to in letter a, in its operation or use,
    • assembly and disassembly of fair stands, as well as care for them, if the exhibitor is a foreign employer who delegates them for this purpose;
  18. performing work for Members of the European Parliament in connection with their function;
  19. entitled under the terms of the legal acts issued by the bodies established pursuant to the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on September 12, 1963 (Official Journal of the EC L 217 of 29.12.1964, p. 3685 – Official Journal of the EU Polish Special Edition, Chapter 11, Vol. 11, p. 10).

Exemption from the starost’s information

In the cases indicated below, the employer may apply for a work permit without first obtaining information from the starost:

  • pursuant to Article 88c, paragraph 8 of the Law on Employment Promotion and Labor Market Institutions , the Governor shall issue a work permit without taking into account the conditions referred to in paragraphs 1-5 and 7 of the Law (including the information of the starost), in the case of a foreigner who:
    • graduated from a university with its seat in the territory of the Republic of Poland or another state of the European Economic Area or the Swiss Confederation, or is a participant in doctoral studies held in the Republic of Poland within 3 years preceding the submission of an application for a work permit, or documents confirming their fulfillment must be submitted;
    • has legally resided in the territory of the Republic of Poland for 3 years preceding the submission of the application for a work permit, and the stay has been uninterrupted within the meaning of Article 195(4) of the Law on Foreigners of December 12, 2013. (Within the meaning of Article 195(4) of the Law on Foreigners of December 12, 2013, a foreigner’s stay is considered to be uninterrupted if none of the breaks was longer than 6 months and all the breaks together did not exceed a total of 10 months);
  • based on the Regulation of the Minister of Labor and Social Policy of January 29, 2009 on determining cases in which a work permit for a foreigner is issued without regard to the detailed conditions for issuing work permits for foreigners (Journal of Laws of 2019, item 154, as amended), the Governor shall issue a work permit without obtaining the information referred to in Article 88c(1)(2) of the Act, in the case of:
    • a foreigner authorized to represent a foreign entrepreneur in its branch or representative office located on the territory of the Republic of Poland;
    • a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova or Ukraine, performing nursing and care work or as a domestic helper for individuals in a household;
    • a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova or Ukraine, who, in the period immediately preceding the submission of an application for a work permit, was employed for a period of not less than 3 months with the same employer and in the same position in accordance with the statement on entrusting work to a foreigner entered in the register of statements referred to in Art. 87(3) or (4) of the Act – provided that a declaration on entrusting work to a foreigner entered in the register of declarations and an employment contract are presented, as well as documents confirming payment of social security contributions (e.g. ZUS RCA forms with confirmation of submission to the Social Insurance Institution);
      NOTE ! The statement must be valid as of the date of application!
    • foreigner – sports coach or sportsman, performing work for sports clubs and other entities whose statutory activities include the promotion of physical culture and sports;
    • adoctor and a dentist, undergoing training or pursuing a specialization program, based on the regulations on specialization of doctors and dentists;
    • a foreigner who will perform work in an occupation specified in the list of occupations attached to the regulation – you can find the list of occupations in the materials;
  • on thebasis of the Regulation of the Governor of Łódź ………………..z 2017 on the criteria for issuing work permits for foreigners in the Łódź province – you can find the list of professions in the materials.

The most important obligations of the employer after obtaining a work permit

The entity entrusting work to a foreigner, who is required to have a work permit, is obliged to:

  • take into account in the contract with the foreigner the conditions referred to in Article 88c, contained in the work permit (does not apply to type B permit);
  • adjust, in the case referred to in Article 88c paragraph 6, the amount of the foreigner’s remuneration to the current amount of the average monthly remuneration in the province, announced by the President of the Central Statistical Office pursuant to Article 30 paragraph 2 of the Act of October 26, 1995 on Certain Forms of Support for Housing, at least once a year;
  • increase the remuneration of a foreigner in proportion to the increase in the working hours of a part-time foreigner or the number of hours in which the foreigner performs work under a civil law contract;
  • conclude a contract with the foreigner in writing and provide the foreigner with a translation of the contract into a language understood by the foreigner before signing the contract (does not apply to a type B permit);
  • provide one copy of the work permit to the foreigner to whom the permit applies in writing;
  • informing the foreigner of the actions taken in connection with the proceedings for granting or extending the work permit and decisions to issue, refuse to issue or revoke the permit;
  • to exercise due diligence in proceedings for the authorization, extension and revocation of a foreigner’s work permit;
  • making available at the request of entities: Social Insurance Institution, a consul, an authority of the State Labor Inspectorate, an authority of the National Fiscal Administration, the Border Guard or the Police, documents confirming the fulfillment of the obligations specified above, drawn up in Polish or translated into Polish;

In addition, according to the Law of June 15, 2012 on the consequences of entrusting work to foreigners residing on the territory of the Republic of Poland in violation of the law, the employer is obliged to:

  • require the foreigner to present, before starting work, a valid document authorizing the foreigner to stay in the territory of Poland (in particular, a visa or a residence card);
  • keep a copy of this document for the entire period of the foreigner’s work;
  • report the foreigner to social insurance within 7 days, if such an obligation arises from the applicable regulations (i.e., the Social Insurance System Act of October 13, 1998).

About which you must notify the Governor:

In accordance with Article 88i of the Law on Employment Promotion and Labor Market Institutions, the entity entrusting the foreigner with work within 7 days shall notify in writing the governor who issued the work permit of the following circumstances:

  • the foreigner has started work of a different nature or in a different position than that specified in the work permit, under the conditions referred to in Article 88f paragraph 1b of the Act;
  • there has been a change in the registered office or place of residence, name or legal form of the entity entrusting the foreigner with the performance of work or the takeover of the workplace or a part thereof by another employer;
  • there has been a transfer of the workplace or part of it to another employer;
  • the foreigner did not start work within 3 months from the initial date of validity of the work permit;
  • the foreigner interrupted work for a period exceeding 3 months;
  • the foreigner terminated work earlier than 3 months before the expiration of the work permit.

In addition:

  • Change of the registered office or place of residence, name or legal form of the entity entrusting work to a foreigner, takeover of the employer or a part thereof by another employer, transfer of the workplace or a part thereof to another employer, replacement of a civil law contract with an employment contract, change of the name of the position in which the foreigner performs work, while maintaining the scope of his/her duties, or increase in working hours with a proportional increase in remuneration do not require the issuance of a new work permit.
  • The entity entrusting the foreigner with the performance of work may entrust him for periods not exceeding a total of 30 days in a calendar year to perform work of a different nature or in a different position than that specified in the work permit, if the other conditions specified in the work permit and the requirements referred to in Article 88d are met. In this case, obtaining a work permit specifying new circumstances is not required.
  • If the working conditions of a foreigner with a work permit have changed under the terms of Article 91 or Article 231a of the Law of June 26, 1974. – Labor Code (i.e., Journal of Laws of 2020, item 1320, as amended), Article 4 of the Act of October 11, 2013 on special solutions related to the protection of workplaces (i.e., Journal of Laws of 2019, item 669) or Article 3, Article 15g(6) and (8), Article 15gb, Article 15x(1) or Article 15zf(1) of the Act of March 2, 2020. on special solutions related to the prevention, counteraction and eradication of COVID-19, other infectious diseases and crisis situations caused by them (i.e., Journal of Laws of 2021, item 2095, as amended), obtaining a work permit specifying changed working conditions is not required.