Declaration on entrusting work to a foreigner
This is the basic document legalizing the work of a foreigner in Polish entrepreneurs. 90% of employers start employing foreigners by submitting the aforementioned statement to the Labor Office. In 2017, over 1.5 million statements were issued throughout Poland. With the new year, many changes have been made to the procedure for obtaining this work permit. Employer, a statement on entrusting work to a foreigner is the most important document when employing foreigners
From 01.01.2018, new rules regarding the employment of foreigners based on the declaration of entrusting the performance of work, i.e. simplified or declaration procedure.
This procedure allows foreigners from six countries - Belarus, Georgia, the Republic of Moldova, the Russian Federation, the Republic of Armenia and Ukraine - to work in Poland for up to 180 days within the next 12 months without the need to obtain a work permit.
Who, where, and how do they register the statement?
The declaration is submitted by the employer at the poviat labor office competent for the registered office (applies to entities having an entry in the National Court Register ) or permanent residence (applies to natural persons, including persons conducting economic activity, who have an entry in the CEIDG's register of activities ).
The statement can be submitted electronically via the website www.praca.gov.pl. To make a statement electronically, however, it is necessary to have a qualified electronic signature or a signature confirmed by a trusted e-PUAP profile.
If the office allows the possibility of sending a statement via the website www.praca.gov.pl without an electronic signature. Or without e-PUAP, the statement with the required attachments should be generated, printed, and signed by hand in duplicate. And submit in paper form at the poviat labor office.
Otherwise, the statement should be downloaded from the employment office. Print in duplicate, fill in legibly, preferably in print. And sign it by hand and submit it in paper form at the poviat labor office.
When submitting a declaration for registration, the employer must provide:
- proof of payment in the amount of PLN 30
- criminal record statement
- valid identity document
- a copy of all completed pages of a foreigner's valid travel document. If the declaration is registered for a foreigner who will only be applying for a visa - a copy of the pages of the travel document with personal data of the foreigner
Declaration on entrusting work to a foreigner - registration procedure
The poviat labor office enters the declaration in the register or refuses to enter it by way of an administrative decision.
Entry in the register takes place within 7 working days of receipt of the statement. Unless an explanatory proceeding is conducted - then the entry is made within 30 days. A refusal decision is issued if:
- the employer has committed crimes or serious violations of provisions regarding the employment of foreigners or certain provisions of the Criminal Code
- the circumstances show that the declaration is made for appearances. Or it will be used by a foreigner for a purpose other than the work declared in the statement
- the employer fails to fulfill its obligations related to conducting business activities. Or entrusting work in particular, among others: it has no funds to cover the obligations arising from the entrustment of work, it does not conduct activities justifying the entrustment of work, it is in arrears with the payment of contributions, among others on social security, arrears taxes
Obligations of the employer in relation to entrusting work based on a declaration
- the employer is obliged to provide the original of the registered declaration to the foreigner
- the employer is obliged to inform the poviat labor office in writing about taking up (at the latest on the day of commencing work). Or not taking up (within 7 days from the date of commencement of work indicated in the statement) work by a foreigner
- the employer is obliged to conclude a written contract with a foreigner, and to provide him with a translation into a language that the foreigner understands in accordance with the conditions specified in the declaration. In the contract, the entity is required to take into account the conditions contained in the statement
- the employer is obliged to register the foreigner for social security within 7 days. When a given contract is subject to insurance, e.g. employment contract, assignments
There is a penalty for failure to comply with the above obligations !!!
Calculation of work periods based on a statement
The period of work performed by a foreigner may not exceed 180 days. Over the next 12 months, regardless of the number of employers entrusting him with work based on a statement.
If the employer does not inform the poviat labor office about taking or not taking work by a foreigner, the presumption rule applies. This means that the performance of work is counted from the day indicated in the statement. Unless the circumstances show that it was different, e.g. a foreigner entered the territory of the Republic of Poland later and this is confirmed by a stamp in the passport.
If a foreigner finishes work before the deadline indicated in the statement, the poviat labor office should be informed about this fact. Such information can be submitted by both the employer and a foreigner.
