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10 min czytania 16 April 2025

Legal employment in Poland – what do foreigners need to know?

Legal employment in Poland is an important topic for many foreigners who want to work in our country. If you are a foreigner looking for a job in Poland, you need to know what documents are needed and what to do to make everything legal. What are the consequences of illegal employment? What does employment for a foreigner in Poland look like?

Legal employment in Poland

CONTENTS

Work for foreigners in Poland

Every year, more and more foreigners come to Poland looking for work and better living conditions. Many employers are happy to accept foreigners to their companies, offering them attractive employment conditions for foreigners. According to the Central Statistical Office, at the end of September 2024, approximately 1.05 million foreigners worked legally in Poland, which constituted 6.8% of all people working in the country. The largest groups of foreigners are:

  • Ukrainians – approximately 701.3 thousand people, which constituted 67.3% of all foreigners working in Poland,
  • Belarusians – approximately 11.3%.
  • Georgians – approximately 2.6%.
  • Indians, Moldovans, Filipinos – about 14.2% in total

In addition, other foreigners come to Poland, from countries such as: India, Nepal and Bangladesh, the Philippines, Moldova, Uzbekistan and Kazakhstan, Vietnam, South Americaowa (Kolumbia i Brazylia), Afryka (Nigeria i Kamerun).

Who can work legally in Poland?

For years, Poland has been attracting foreigners who are looking for a better life and stable work. More and more companies are hiring foreigners, appreciating their commitment and willingness to work. However, for everything to be done in accordance with the law, it is important that the work is legal – for both the employee and the employer. So who can work legally in Poland?

Citizens of the European Union and EEA
If you are a citizen of a country belonging to the European Union, the European Economic Area or Switzerland – you have the right to work in Poland without having to obtain additional permits. It is enough that you are legally staying in Poland (e.g. on the basis of a passport or ID card) and have a signed contract with the employer.

Citizens of Ukraine, Belarus, Georgia, Moldova and Armenia
For citizens of these countries, there is a simplified employment procedure. The employer must register the so-called declaration of entrusting work at the employment office. On the basis of this document, you can work for a maximum of 24 months, without having to obtain a work permit.

Citizens of countries outside the EU and EEA

People from these countries must have:

  • a valid visa or residence card with the right to work,
  • a work permit (unless they are exempt from it – e.g. they study in Poland or graduated from a Polish university).

Who cannot work?
Not every foreigner staying in Poland has the right to work. People with a tourist visa, staying in Poland illegally or having refugee status without a work permit – cannot take up legal employment.

Read also: Temporary work and permanent work – what are the differences?

Legal employment in Poland 2

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What documents are needed to work in Poland?

In order for a foreigner to be able to work legally in Poland, they must have the appropriate documents – their type depends mainly on the country of origin and the basis of stay. For citizens of the European Union, the matter is simple – a valid ID card or passport is enough. In the case of a longer stay, you must register your stay at the office, but you do not need an additional work permit.

The situation is slightly different for citizens of countries outside the EU, such as Ukraine, Belarus, Georgia, Moldova or the Philippines. In most cases, it is necessary to have a passport and a document that entitles you to stay (e.g. a visa, residence card or temporary protection status). In addition, there is a document enabling legal work – most often this is a declaration of entrusting work to a foreigner or a work permit applied for by the employer.

It is worth remembering that a foreign employee must also have a signed contract with the employer (e.g. an employment contract or a contract for services), and be registered with ZUS in order to have health insurance.

The most important documents are: a valid passport, a residence permit (visa, residence card, PESEL UKR), a work permit or declaration, and a contract with an employer. All of this together constitutes the basis for legal employment in Poland.

Types of work permits

Foreigners who want to start working legally in Poland must remember about the obligation to have a work permit. This document is one of the foundations of legal employment and allows you to start working in accordance with the regulations in force on the Polish labor market.

Depending on the type of employment and the duration of the contract, there are several types of permits:

  • Type A work permit – the most frequently issued permit, which applies to foreigners employed by a Polish employer. It is this type that most often constitutes the basis for performing work in Poland.
  • Seasonal work permit (type S) – intended for people taking up seasonal work, e.g. in agriculture, horticulture or tourism. This type of employment cannot exceed 9 months in a calendar year.
  • Type B permit – for foreigners who hold positions in company management boards and stay in Poland for more than 6 months in a year.
  • Type C, D, E permits – for people delegated to work in Poland by foreign companies, depending on the nature and place of employment.

What is a foreigner’s residence card?

A residence card is a document that confirms a foreigner’s legal stay in Poland. It is issued to people from outside the European Union who meet certain conditions – for example, they work or study. For many people – especially those such as Ukrainian citizens – a residence card is an important step towards stabilizing their life in Poland. This document allows not only staying in the country, but also employing a foreigner by an employer without having to obtain additional work permits.

A foreigner who has a residence card can work legally, use health and educational services, and travel within the Schengen area (up to 90 days in 180 days). A residence card is usually issued for a period of 1 to 3 years, depending on the purpose of the stay.

It is worth remembering that a residence card is not issued automatically – a foreigner must submit an appropriate application and present documents confirming the purpose of the stay. In the case of Ukrainian citizens, this process may be simplified if they are staying in Poland on the basis of temporary protection.

What are the consequences of illegal stay?

Illegal stay of a foreigner in Poland is a situation in which a given person is in the territory of the country without valid documents entitling them to stay – for example, after a visa has expired, after exceeding the permissible stay under visa-free travel or without a residence card.

What are the consequences?

  • Decision on the obligation to return
    The Border Guard may issue a decision to leave Poland. The foreigner is then obliged to return to their country within a specified period.
  • Re-entry ban
    In the case of more serious violations, a ban on re-entry to Poland (or even to the entire Schengen area) may be imposed for a period of 6 months to 5 years.
  • Problems with obtaining legalization of stay
    A foreigner who has stayed illegally may have difficulties obtaining a visa, residence card or other document permitting stay in the future.
  • Lack of access to services and work
    A person staying illegally has no right to legal work, access to health care or other public benefits.

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Legal employment in Poland

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Legal employment in Poland – what are the employer’s obligations?

Employing a foreigner in Poland involves additional obligations for the employer. Regardless of whether the employee comes from Ukraine, Georgia, Uzbekistan or another country, the most important thing is one thing – the work must be legal. What does this mean in practice?

Checking residence documents

Before the contract is signed, the employer must make sure that the foreigner is staying in Poland legally. This means having a valid visa, residence card or other document entitling them to stay.

Obtaining a work permit or a declaration of entrusting work

Depending on the foreigner’s citizenship and the type of work, the employer must obtain an appropriate document legalizing employment. Most often, this is: a work permit (type A), issued by the voivode or a declaration of entrusting work, submitted to the labor office.

Signing the contract

The contract with the foreigner must be signed in writing, before the start of work. The employer should provide a translation of the contract into a language the employee understands.

Reporting to the Social Insurance Institution (ZUS) and the tax office

Just as in the case of Polish employees, the foreigner must be registered with social insurance (ZUS) and settled for income tax.

Storing documentation

The employer must keep copies of documents confirming the legality of the stay and work throughout the period of the foreigner’s employment.

Reporting the start of work

In the case of certain procedures (e.g. declarations), the employer is obliged to inform the employment office that the foreigner has actually started work – usually within 7 days.

Check also: How to find a legal job in Poland?

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