Work permit for the same employer, when is it needed?

In order to work legally in Poland, non-European Union citizens have to obtain a work permit if they intend to work longer than 3 months. It’s an employer’s responsibility to apply for this document on behalf of his/her employee. A work permit is issued for fixed time, not exceeding a 3-year period. Upon expiration, it should be extended and, when an employee wants to change a job, a new employer needs to apply for a new work permit. However, in some cases, work permits do not expire. We’ll examine them closer below:

1. When a foreigner applied for a residence permit in order to continue his work for the same employer and stay at the same job position, and this fact was confirmed by the voivode’s stamp in the passport, then he can work in Poland legally until his decision is issued (Art. 88g Section 1b in connection with Art.88g Section 1a of the the Act of 20 April 2004 on employment promotion and labor market institutions). The same applies when a foreigner needs to extend a work permit working with the same employer. Employer should apply for the extension not earlier than 90 days and not later than 30 days of previous permit expiry. Then a foreigner can work legally since the application was submitted till the issuance of the new work permit.
2. A work permit also remains valid when an employer has the intention of entrusting the foreigner with performance of work of a different type or in a different position than specified in the work permit for a period not exceeding 30 days in a calendar year, or in the event of a change in the seat or place of residence or a change in the name or legal form of the employer.
3. If a foreigner has been working uninterruptedly for the same employer longer than 3 years and his work permit is going to expire, there is no need to make a new one unless his residence permit has already expired or he applied for a new residence card.

Remember to be careful when it comes to the law. Failure to comply with the obligations set out in the above points may result in severe consequences if it turns out that the employer has entrusted work to a foreigner illegally staying on the territory of Poland. It is important to monitor the regulations on a current basis and react quickly to all changes in the law.

Need help with this? See our Work Permit service, or book a consultation.