“Declaration on entrusting work to a foreigner” is the easiest way to register employees from non-EU countries to work in Poland. The process of obtaining this document requires knowledge of Polish law.
The declaration entered into the Register of Declarations by the Poviat Labor Office entitles the foreigner to perform work without obtaining a work permit, if this work is performed under the conditions specified in this declaration
If you are an employer and want to employ a citizen of Armenia, Belarus, Georgia, Moldova or Ukraine, then you can use the simplified procedure, which is obtaining a statement on entrusting work to a foreigner.
The main difference between a declaration and a work permit is that, unlike a work permit, a work declaration can only be obtained by a citizen of 5 countries: Armenia, Belarus, Georgia, Moldova or Ukraine.
The inclusion of such a declaration by the powiat labor office in the register of declarations is the main condition for performing work in a simplified manner. In addition, the foreigner has a document confirming the right to reside in the Republic of Poland, which gives him the right to work in Poland.
An application for entrusting work to a foreigner gives the right to perform off-season work. The start date of which will occur no later than 6 months from the date of filing the declaration.
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The work of a foreigner cannot be related to: performing functions in the management board of a legal person (president, vice-president, member of the management board), running the affairs of a limited partnership or limited joint-stock partnership (as a general partner) or acting as a proxy of an entity with the National Court Register.
24 months is the maximum period for which an Application for the assignment of work to a foreigner is issued.
How to get a Declaration on entrusting work to a foreigner:
- The declaration is submitted by the employer to the poviat labor office.
- Some poviat labor offices may require submitting an application for entry of a declaration into the register only online, via the praca.gov.pl portal. This is especially true for large locations, such as Warsaw or Wrocław. In turn, some poviat labor offices do not support online applications. Therefore, if you cannot find the appropriate office for your case on the list, check on the website of a specific poviat employment office what the procedure for accepting declarations is.
- You can also send a statement on entrusting work to a foreigner by post. In this case, it will be useful to purchase an additional service – acknowledgment of receipt, which will be a confirmation of submitting a statement to the office. The Office will contact you by letter if it is necessary to supplement formal deficiencies or in the matter of further proceedings
- The poviat labor office enters the declaration into the register of declarations.
- The employer provides the foreigner with a statement registered by the office.
- On its basis, a foreigner applies (abroad or in Poland, depending on the situation) for a residence title allowing him to work in Poland, if he did not have such a title before.
At the latest on the day of starting work the employer is obliged to inform the office about the foreigner taking up work. Or about not being hired (within 7 days).
The employer is obliged to report the foreigner to social insurance and health insurance within 7 days, which gives the employee the right to benefits in the event of illness, accident at work or maternity, and to use health services free of charge in Poland.
The following documents should be attached to the declaration:
- Document confirming identity – valid copies of the employer’s ID card, if the employer is a legal person – an excerpt from the National Court Register (KRS).
- Copies of all completed pages of a valid travel document (passport).
- Proof of payment of the application fee.
- Declaration of no criminal record in connection with the circumstances referred to in art. 88z. 5 points 1-6 of the Act on promotion of employment and labor market institutions.
- Power of attorney or authorization (if a proxy is acting in the case).
What gives by submitting a Declaration on entrusting work to a foreigner
If you submit a Declaration on entrusting work to a foreigner, the poviat labor office does not carry out the labor market test (opinion of the staroste) . Using this procedure significantly accelerates the legalization of employment of a foreigner.
Presentation of the cooperation process and the benefits of using MAGFIN services
If you are looking for professional help in employing a foreigner and want to be sure that all the required documents are completed correctly, use the services of MAGFIN. Our specialized team will provide comprehensive service and a quick employment process. Contact us today and we will be happy to answer all your questions.
After contacting the company, the client receives detailed information on the cooperation process and the benefits of employing workers from non-EU countries in Poland. When starting cooperation, we conduct an interview during which we discuss in detail the needs and requirements regarding the employment of a foreigner. In addition, the company prepares the documents necessary to receive the “Declaration on entrusting work to a foreigner”. Ultimately, after submitting the documents to the competent office, MAGFIN follows the administrative procedure and provides the client with information about its progress on an ongoing basis.
The benefits of choosing MAGFIN services are invaluable. Firstly, entrepreneurs gain confidence that their documentation is fully compliant with Polish law, which prevents delays and unpleasant consequences in the form of fines and penalties. Secondly, hiring an employee from outside the EU can bring many benefits, such as increasing cultural diversity in the company and increasing knowledge about other countries.
Nowadays, in which the global labor market is becoming more and more globalized, employing a foreigner has become the norm for many entrepreneurs in Poland. However, the process related to obtaining the “Declaration on entrusting work to a foreigner” is quite complicated and requires knowledge of Polish labor law and administrative procedures. This is where MAGFIN comes in and offers its services to assist you in completing this document.
How to use MAGFIN services?
To use MAGFIN’s services, you can contact us in several ways. The easiest and fastest way is to use the contact form on the company’s website. You can also call the phone number provided or write an e-mail.
