Everything you should know about the Starost’s Opinion for foreign employees in Poland
If you are a foreign worker in Poland, you should know. How important it is to have valid documents that allow you to stay and work in the country legally. One of such documents is the Staroste’s Opinion. What is the Staroste’s Opinion? Who needs it and what are the benefits of having this document. Let’s put it in simple words.
What is the Starost’s Opinion?
Before submitting an application to the voivode:
your employer must prove that there are no Polish candidates for the proposed position in the local labor market.
The starost’s information. Also known as the starost’s opinion or the labor market test. Document issued by the poviat labor office competent for the poviat where the foreigner will work. . When the specificity of the work performed does not allow to indicate the main place of work, the staroste publishes information in the area where the employer is located or resides.
According to the staroste, you submit an application to the voivode for a temporary residence and work permit for yourself. Or a work permit for the foreigner you want to employ.
The starosta’s opinion is therefore an important document for foreign employees, unless they are exempt from obtaining it. On the basis of labor market research, entrepreneurs can obtain a work permit. And then hire foreigners. So far, no one has been exempted from the obligation to have a work permit. Also register as unemployed and job seeker in the local labor market.
MAGFIN has extensive experience in obtaining Starost’s Opinions for foreigners throughout Poland.
What exactly is a labor market test and when is it necessary?
The starost’s opinion is a document issued by the employment office. Which confirms the inability to meet the staffing needs of the company on the local labor market. Provided that in a given area there are no candidates for this job position who do not need information from the staroste and meet the employer’s requirements.
If such a candidate is found and the employer does not employ him, the staroste will issue information that it is possible to meet these staffing needs. In this case, the employer will not obtain a work permit and will not be able to employ a foreigner.
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How to get the Staroste’s Opinion?
The entire process of obtaining information from the staroste consists in submitting a job offer by the employer for the position in which he intends to employ foreigners. Along with all working conditions such as: remuneration, position, working time, as well as requirements and qualifications necessary to perform the work.
On the basis of these data, the office checks the register of unemployed persons for candidates for a given position.
It is important that the remuneration indicated in the submitted offer is comparable (not underestimated) with the remuneration for the same or similar position on the local labor market.
How much does the Starost’s Opinion cost? How long does it take to get it?
The starost’s opinion is completely free.
Issued by the office within 21 days from the date of submission of the job offer by the employment office. The Starost’s opinion must be issued no earlier than 180 (or 90) days before submitting an application for a work permit or a seasonal work permit. Short-term conditions are possible after justification by the staroste.
The labor market test is therefore a document that allows foreigners to take up employment. Without the Staroste’s Opinion, he will not be able to legalize his stay on the basis of taking up paid work.
However, there are cases in which the starosta’s information is not required.
Who needs the Starost’s Opinion?
The opinion of the Staroste is necessary for foreign employees in the case of proceedings for granting temporary residence for work or for performing work requiring high qualifications (the so-called blue card).
It is also needed to obtain a work permit for a foreigner whom the entrepreneur wants to employ.
Is it possible to obtain a work permit in Poland without the Starost’s Opinion?
Yes it is possible, it all depends on the details of your situation. MAGFIN offers support in choosing the best way to legalize your work.
The employer may apply for a work permit without prior information from the staroste in the following cases:
- The profession to be performed by a foreigner is included in the annex to the Regulation of the Minister of Family, Labor and Social Policy of June 28, 2018 (Journal of Laws of June 29, 2018, item 1264) (these are, among others, doctors, nurses, programmers, database designers, carers for the elderly, bricklayers, painters, locksmiths, bus and truck drivers).
- A citizen of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine. Who performs nursing and care work in Poland or as a domestic help for natural persons in the household.
- Foreigners working in sports clubs as sports coaches or athletes. The foreigner has been authorized to represent the foreign entrepreneur in his branch or representative office located on the territory of the Republic of Poland.
- Holders of Pole’s Cards
- Citizens of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine. Who have worked for at least 3 months in the same entity and in the same position in the period preceding the submission of the application for a work permit based on a written contract, if abroad the Labor Office competent for to the place of permanent residence or registered office of the entity entrusted with work, registered a written declaration of the entity about the intention to entrust work to a foreigner before starting work abroad, provided that the registration declaration and the contract and documents confirming the payment of social security contributions, if required with work (e.g. ZUS RCA form, confirmation of submission to ZUS).
ATTENTION! This statement must be valid on the date of submitting the application!
- If, within 3 years before submitting the application for a work permit, he graduated from a higher education institution located on the territory of the Republic of Poland or in another country of the European Economic Area or the Swiss Confederation, or studied to obtain a doctoral degree in the Republic of Poland.
- If, before submitting the application for a work permit, he stayed legally on the territory of the Republic of Poland for 3 years continuously during the period of artistic residency. 195 Article 4 of the Act of 12 December 2013 on foreigners.
“Within the meaning of Art. 195 sec. 4 of the Act of 12 December 2013. On foreigners, a foreigner’s. Stay is considered uninterrupted if none of the breaks was longer than 6 months. And all breaks in total did not exceed 10 months in total.”
What are the benefits of having the Starost’s Opinion?
The Starost’s opinion is a key document for employers employing foreign workers. Thanks to it, entrepreneurs will obtain work permits for foreigners. Thanks to this, they can be sure that their activity is compliant with Polish law. And they are not threatened by the consequences of employing employees illegally. The MAGFIN office has extensive experience in assisting employers in carrying out the labor market test procedure.
It is also important for the foreign workers themselves. First of all, it enables you to obtain a work permit and legal employment in Poland. Which in turn gives you the opportunity to use the Polish social security system and medical care. It also allows you to submit an application for a temporary residence and work permit.
The staroste’s information is an important document allowing a foreigner to take up work. Using the services of the MAGFIN office, you do not have to deal with the design yourself. Because experienced experts will do it for you. MAGFIN provides support at every stage of legalizing the employment of foreigners.
Why is it worth using the services of MAFGIN regarding the Starost’s Opinion?
We have been specializing in serving foreigners in Poland for years. Thanks to this, you can be sure that your case will be dealt with in a reliable and professional manner. The procedure can be carried out by us entirely remotely. If the persons representing the entity employing the employee have a Trusted Profile or other qualified electronic signature.
Our specialists are up-to-date on changes in Polish law. And know how to prepare an application for the Starosty’s Opinion in the most effective and safest way for you. In our company, we offer comprehensive assistance in obtaining the Starost’s Opinion. Starting from completing the application, through administrative procedures, to collecting the finished document. Our goal is to provide you with maximum satisfaction and safety.
Advantages of using MAFGIN services:
Experience – We have many years of experience in the industry. Therefore, you can be sure that your case will be dealt with effectively.
Individual approach – we treat each order individually, analyzing the situation and choosing the best solutions.
Support – our specialists are always ready to help and answer your questions.
Speed - We know that time is important to you. So we try to get things done in the shortest possible time.