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Regulation Of The Minister Of Labour And Social Policy Of 29 January 2009. On The Determination Of Cases In Which The Work Permit Of An Alien Is Issued Regardless Of The Detailed Conditions For Issuing Work Permits Of Foreigners

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 29 stycznia 2009 r. w sprawie określenia przypadków, w których zezwolenie na pracę cudzoziemca jest wydawane bez względu na szczegółowe warunki wydawania zezwoleń na pracę cudzoziemców

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REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 29 January 2009

on the determination of the cases in which the foreigner's work permit is issued notwithstanding the detailed conditions for issuing the work permits of foreigners

On the basis of art. 90 par. 5 of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. 2) ) The following shall be managed:

§ 1. The regulation specifies the cases in which a permit for work of a foreigner is issued by the wojewater irrespective of the conditions for issuing the work permits of the foreigners referred to in art. 88c of the Act of 20 April 2004. on the promotion of employment and labour market institutions, hereinafter referred to as 'the Law'.

§ 2. Wojewoda shall issue a work permit without taking into account the conditions referred to in art. 88c ust. 1-5 and 7 of the Act, in the case of a foreigner:

1) being a member of the family of a member of a diplomatic representation, a consular office, an international organization or their representation, performing work in the Republic of Poland on the basis of international agreements and agreements;

2) performing work as a private domestic service of employees of diplomatic representations, consular offices, international organizations or their representations;

3) entitled under the rules laid down in the acts issued by the bodies set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963. (Dz. Urz. EC L 217, 29.12.1964, p. 3687; Dz. Urz. EU Polish Special Edition, rozdz. 11, t. 11, p. 10).

§ 3. Wojewoda shall issue a work permit without having to obtain the information referred to in art. 88c ust. 1 point 2 of the Act, in the case of:

1) a foreigner authorized to represent a foreign entrepreneur in his branch or representation located in the territory of the Republic of Poland;

2) [ 1] a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine, performing nursing care work or as a domestic assistance to natural persons in the household;

3) [ 2] a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine, who during the period immediately prior to filing an application for a work permit he performed for a period of not less than 3 months of work for the same entity and on the same position on the basis of a contract concluded in written form, if prior to taking by the foreigner the work of the county labour office, competent due to the place of residence of the entity entrusting the performance of the work, registered a written statement of this entity on intends to entrust the work to that foreigner, subject to the presentation of a registered declaration and contract and supporting documents confirming the payment of social security contributions, if required in connection with the performance of the work;

4) a foreigner-a sports coach or an athlete who performs work for the benefit of sports clubs and other entities whose statutory activities include the dissemination of physical culture and sport;

5) a doctor and dental practitioner, taking training or implementing a specialization program, on the basis of regulations on the specialization of doctors and dental practitioners.

§ 4. (repealed).

§ 5. The Regulation of the Minister of Labour and Social Policy shall be repealed with effect from 21 July 2006. on the determination of the cases in which a pledge and a work permit of a foreigner is issued regardless of the situation on the local labour market and the criteria for issuing pledges and permits for the work of foreigners (Dz. U. No 141, pos. 1004).

§ 6. This Regulation shall enter into force on 1 February 2009.

1) The Minister of Labour and Social Policy heads the government administration-work, pursuant to § 1 paragraph. 2 point 1 of the Regulation of the Prime Minister of 16 November 2007. on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. No 216, item. 1598).

2) Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654 and 2009 Nr 6, pos. 33.

[ 1] § 3 point 2 in the wording set by § 1 of the Regulation of the Minister of Labour and Social Policy of 28 November 2013. amending the Regulation on the determination of cases in which a permit for work of a foreigner is issued notwithstanding the detailed conditions of issuing permits for the work of foreigners (Journal of Laws of the U. 1534). The amendment came into force on 1 January 2014.

[ 2] § 3 point 3 in the wording set by § 1 of the Regulation of the Minister of Labour and Social Policy of 28 November 2013. amending the Regulation on the determination of cases in which a permit for work of a foreigner is issued notwithstanding the detailed conditions of issuing permits for the work of foreigners (Journal of Laws of the U. 1534). The amendment came into force on 1 January 2014.