Employment of a citizen from a non-EU country requires, however, the fulfillment of certain conditions by both the worker and the employer.

When foreign national wants to take up employment in a company operating in Poland they must first obtain a valid visa or residence permit. It is only with this document that citizens of non-EU countries can enter the country in search of employment. The next step is for the employer to obtain a work permit at the local government office. Prior to this, however, the employer must do a labour market test and only if this confirms that the local labour force is unable to meet its employment needs, can a work permit be obtained for a foreign national.

Changes in 2018 about employment of foreigners

A work permit is valid for 3 years from the date of issue and may be extended upon expiration. From 2018 onward, the Province Governor (wojewoda) will be able to refuse to issue a permit, not only when there are sufficient registered unemployed persons on the local job market, but also in case of any reasonable doubts about the honesty of the application or any doubts about the employee and/or employer. Under the new regulations, the employer will have to inform the competent authorities of any change in the employment of the foreign national, including the time of commencement and termination of his/her employment.

Importantly, citizens of Ukraine, Russia, Moldova, Georgia, Belarus and Armenia can benefit from a simplified work permit procedure. For this purpose the employer should submit a statement to the District Labour Office about the its willingness to employ the foreign national, without any additional restrictions. This document then allows the foreigner to apply for an appropriate visa on the basis of which he/she will be able to work in Poland. This authorization is valid for 12 months and allows individuals to work for 6 months. After a year, the foreigner should apply for a temporary residence and work permit or a full work permit.

From 2018, additional work permits will be introduced covering seasonal work for 9 months and short-term work for 6 months. These will be able to be obtained simply by submitting a declaration of willingness to employ a foreigner to the District Labour Office. Permits will be issued by the District Governor (Starosta). Importantly, the permit for seasonal work will apply only in the following three sectors: agriculture, horticulture and tourism.