Employment of a foreigner under the simplified procedure
Employment of citizens of countries from beyond the eastern border is an increasingly frequent phenomenon on our labor market. This is mainly due to the fact that these employees have lower financial requirements. As a rule, in order to legally admit a person from abroad to his company, he must have a work permit. However, the regulations provide for exceptions to this rule - it concerns the employment of a foreigner in a simplified manner. This requires appropriate steps to be taken.
Employment of a foreigner without a work permit
Having a work permit in the territory of our country is not obligatory for citizens of Armenia, Belarus, Georgia, Moldova, Russia, Ukraine, as discussed in § 1 point 20 of the Regulation of the Minister of Labor and Social Policy of April 21, 2015 on cases in which whose work may be entrusted to a foreigner on the territory of the Republic of Poland without the need to obtain a work permit. This is called simplified procedure for employing foreigners. However, it should be remembered that the performance of work under such conditions is limited in time. A citizen of one of the countries mentioned may be employed without a permit for a period not longer than 6 months within 12 consecutive months, however, it does not matter how many entities commissioned him to work. This work does not have to be performed continuously, it is important that the sum of the employment periods does not exceed six months and fits within 12 months.
Employment of a foreigner in a simplified procedure step by step
There are relatively few formalities related to starting cooperation with foreigners and every employer can handle it without any problems. Simplified employment of a foreigner applies not only to an employment contract, but also to mandate and specific-task contracts. This procedure requires:
1. Submitting a declaration of intention to entrust work to a foreigner at the employment office
The basic condition for employing foreigners under the simplified procedure is to provide the competent employment office with a written declaration of the intention to entrust him with work, in two copies. Additionally, a letter should be attached to it:
arguing the willingness to sign a contract with a foreigner (usually it is the inability to meet staffing needs on the local labor market),
confirming the performance of work under the conditions specified in the declaration.
Registration of the declaration in the office is not tantamount to employment in a given company, but only an indication that a citizen from beyond the eastern border may work for a given employer.
2. Providing PUPs with documents that confirm that they are running a business
Employing a foreigner under the simplified procedure, apart from the declaration, obliges the entrepreneur to submit to the PUP a confirmation of business registration. In the case of natural persons conducting business activity, the CEIDG-1 application is sufficient, while for commercial companies - an entry in the National Court Register.
The procedure for registering the declaration at the employment office is completely free of charge.
3. Sending the statement to the future employee
The declaration of intention to entrust work is the basis for applying for a national work visa. Therefore, one copy should be sent to the foreigner residing abroad so that he can obtain a residence permit at the Polish consulate for the purpose of performing work. It is worth emphasizing that the tourist visa will not be the title of employment in Poland.
The employer should have and keep a copy of the residence permits.
The visa procedure takes quite a long time, so it is recommended to take the appropriate steps much earlier (about 2 months before the scheduled date of employment).
4. Signing a contract with a foreigner
As already mentioned, the employment of a foreigner under the simplified procedure requires that a contract be concluded in writing after the foreigner has obtained a visa.
The regulation requires that the contract be concluded in writing. Failure to conclude a contract in this form is an offense for which a fine may be imposed.
Citizens of countries across the eastern border, as a rule, are subject to insurance in ZUS, just like domestic employees. When concluding an employment contract, you must not forget that you must sign it before starting work. The terms of employment should be as indicated in the statement on entrusting work.
What formalities must the workplace meet if it wants to continue the contract after 6 months?
If the employer intends to continue cooperation with the foreigner, he may apply for a work permit after only 3 months of work. Here it is necessary to submit an application to the voivodeship office.
The template of the application for granting a temporary residence permit to a foreigner is included in Annex 1 to the regulation on the application for granting a temporary residence permit to a foreigner.
The stay of a foreigner is legal from the date of submitting a correctly completed application, provided it was submitted during legal stay in Poland, until the final decision on granting a temporary residence permit is issued.