Key Benefits:
REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 29 January 2009
on the authorisation of a foreigner's work permit
On the basis of art. 90 par. 1 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 shall specify:
1) types of work permits;
2) the procedure of the proceedings on the work permits;
3) the mode of carrying out of the activities referred to in art. 88c ust. 1 and 2 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, hereinafter referred to as 'the Law';
4) the model and the mode of transmission of the information of the starost referred to in art. 88c ust. 1 point 2 of the Act;
5) a list of documents which the entity entrusting the performance of work by a foreigner is required to present during the proceedings on the work permit;
6) models of applications for the issue or extension of the work permit, statements of the entity entrusting the performance of the work to a foreigner concerning the fulfilment of the requirements laid down in the Act, models of the information referred to in art. 88h ust. 1 point 7 and art. 88h ust. 1 and 2 of the Act, as well as permits and extensions of permits, which may contain the personal data of a foreigner and the entity entrusting the performance of work by a foreigner.
§ 2. You specify the following types of work permits:
1) A-refers to a foreigner performing work on the territory of the Republic of Poland on the basis of a contract with an entity whose registered office or place of residence or branch, establishment or other form of organized activity is located in the territory of The Republic of Poland;
2) B-refers to a foreigner performing work consisting in the performance of a function in the management of a legal person entered in the register of entrepreneurs or a company capital company in the organization for a period exceeding 6 months in the following 12 months;
3) [ 1] C-refers to a foreigner who performs work in a foreign employer and is posted on the territory of the Republic of Poland for a period exceeding 30 days in a calendar year to a branch or establishment of a foreign entity or entity related, within the meaning of the Act of 26 July 1991. o Income tax on individuals (Dz. U. 2012 r. items 361, of late. zm.), with the foreign employer;
4) [ 2] D-refers to a foreigner who performs work at a foreign employer who does not have a branch, establishment or other form of organized activity on the territory of the Republic of Poland and is delegated to the territory of the Republic of Poland in the purpose of the implementation of a service of a temporary and occasional nature (export service);
5) [ 3] E-refers to a foreigner who performs work at a foreign employer and is posted on the territory of the Republic of Poland for a period exceeding 3 months within a further 6 months for a different purpose than the one indicated in points 2 to 4.
§ 3. 1. A permit to work, hereinafter referred to as the "permit", shall be issued at the written request of the entity entrusting the performance of the work to the foreigner.
2. The model of an application for authorisation shall be as set out in Annex 1 to the Regulation.
3. Permit is issued for a period marked with dates.
4. The model of authorisation shall be as set out in Annex No 2 to the Regulation.
§ 4. 1. [ 4] The renewal of the authorisation shall take place at the written request of the entity entrusting the work of the foreigner, submitted not earlier than 90 days and no later than 30 days before the expiry of the period of validity of the consent.
2. The model of an application for renewal of an authorisation is set out in Annex No. 3 to the Regulation.
3. The renewal of the permit shall be issued for a period marked with dates.
4. The model for the renewal of an authorisation is set out in Annex No 4 to the Regulation.
§ 5. 1. If the condition of the release by the voiwater of the permit is obtained by the entity entrusting the performance of the work to the foreigner, the information referred to in art. 88c ust. 1 point 2 of the Act, starosta:
1) accepts from the entity entrusting the performance of the work to the foreigner's offer of work;
2) [ 5] promptly check that candidates who meet the requirements of the job offer are candidates who are registered in the district labour office;
3) [ 6] inform the applicant an offer of the number of candidates meeting the requirements set out in the job offer;
4) [ 7] directs the candidates meeting the requirements specified in the job offer to the entity making the offer;
5) makes an analysis of the amount of the proposed remuneration in relation to the amount of remuneration in the same or comparable profession or type of work;
6. within the time limits laid down in Article 6. 88c ust. 2 of the Act gives the entity entrusting the performance of work to a foreigner with information about the possibility of carrying out the job offer based on registered unemployed and jobseekers, including recruitment, if it was organised, an assessment of the adequacy of the requirements indicated in relation to the position or type of work offered and the assessment of the proposed remuneration in relation to the level of remuneration for comparable professions or types of work on the local labour market.
2. In the tender referred to in paragraph. 1 point 1, the entity entrusting the performance of the work to a foreigner shall indicate the need to obtain the information referred to in the paragraph. 1.
3. In the course of the proceedings referred to in paragraph. 1, the starosta does not take into account the requirements indicated in the offer of work, if they are understated or inflated in relation to the work which the foreigner is to perform.
4. The Starosta may issue to the entity entrusted with the performance of the work by the foreigner the information referred to in the paragraph. 1, on the basis of recruitment results for the same position on the basis of job offers submitted by this entity during the last 6 months.
5. The model of the information referred to in paragraph 1. 1, is set out in Annex No 5 to the Regulation.
§ 6. [ 8] 1. The entity entrusting the performance of work to a foreigner, submitting an application for the issue of an authorisation, shall present:
1) a document from the relevant register confirming the legal status and the form or nature of the activities carried out by the foreign employer-in the case of an application for a type C, D or E permit;
2) valid identity card or valid travel document, or if such a document does not have and cannot obtain it, another valid document confirming the identity-in the case where the entity entrusting the performance of the work by the foreigner is the person Physical
3) contract of the company-in the case where the entity entrusting the performance of the work by the foreigner is a limited liability company in the organization or a civil partnership or notarial deeds of the company's binding-if the trustee the execution of work by a foreigner is a public limited company in the organization;
4) a copy of all the completed pages from the valid travel document of the foreigner concerned, and in the case where the foreigner does not have a valid travel document and is not able to obtain it-a copy of another important document confirming his identity;
5) documents confirming the existence of the circumstances referred to in art. 88c ust. 8 of the Act;
6) the information referred to in art. 88c ust. 1 point 2 of the Act, issued not earlier than 180 days prior to the submission of the application if required;
7) a copy of the testimony of the amount of the income achieved or the loss suffered by the entity entrusting the performance of the work as a taxpayer of corporation tax in the tax year preceding the submission of the application-in the case of an application for authorisation Type B;
8) documents confirming the state of employment for the period of the year prior to the submission of the application-in the case of an application for B type permit;
9) documents confirming the circumstances referred to in art. 88c ust. 4 point 2 of the Act-in the case of an application for a B-type permit, if the condition of the permit is to be shown by those circumstances;
10) information on the current state of employment in the entity entrusting the performance of the work to a foreigner-in the case of an application for a B type permit, if the party proposes to issue a permit for a period exceeding 3 years;
11) a contract on the basis of which the service on the territory of the Republic of Poland is or will be provided-in the case of an application for a D-type permit;
12) a document drawn up by the employer of the user, confirming the reconciliation in the scope of referral of the foreigner by the agency of temporary work-in the case where the trustee is the agency;
13) documents confirming the links referred to in art. 88 point 3 of the Act;
14) proof of payment referred to in art. 90a ust. 1 of the Act;
15) documents proving compliance with the requirements laid down in the separate provisions, which may affect the outcome of the proceedings.
2. The entity entrusting the performance of work to a foreigner who applies for the issuance of permits simultaneously for more than one foreigner, to the submitted applications may attach one copy of the documents referred to in the paragraph. 1 points 1-3 and 6-13. Information on the old age referred to in paragraph 1. 1 point 6 may be attached in a single copy if all the foreigners concerned are to carry out the work to which this information relates.
3. The entity entrusting the performance of work to a foreigner, submitting an application for renewal of the permit shall present:
1) the documents referred to in the paragraph. 1;
2) the contract between the entity entrusting the performance of the work and the foreigner, which is the basis for the work carried out in accordance with the work permit;
3) documents confirming the payment of social security contributions, if they were required in connection with the performance of work by a foreigner.
4. In the event of applying simultaneously for the renewal of the permit for more than one foreigner's mouth. 2 shall apply mutatis mutandis.
5. The entity entrusting the performance of work of a foreigner to the application for authorization shall attach copies of the documents referred to in the paragraph. 1, and to the request for renewal of the authorisation, copies of the documents referred to in paragraph. 3.
6. The model submitted by the entity entrusting the performance of the work to the foreigner of the information referred to in art. 88h ust. 1 point 7 and art. 88i. 1 and 2 of the Act, is set out in Annex No. 6 to the Regulation.
§ 7. 1. The applicant shall confirm by means of written declaration the fulfilment of the requirements referred to in art. 88c ust. 1 point 1, paragraph 1. 6 and art. 88j ust. 1 points 4 to 7 and 9 of the Act.
2. [ 9] The water may be requested to provide documentary evidence of the fulfilment of the requirements referred to in paragraph 1. 1 and in Art. 88h of the Act.
§ 8. Documents drawn up in a foreign language, with the exception of personal evidence or travel documents, serving as evidence in the proceedings for the issue of an authorisation, shall be composed together with their translation into Polish, made by a sworn translator.
§ 9. For applications submitted by 1 August 2009 the entity entrusting the performance of the work to a foreigner may attach the document issued by the appendix on the basis of § 3 par. 1 point 1 of the Ordinance of the Minister of Labour and Social Policy of 21 July 2006. on the mode and conditions for issuing a permit for work of a foreigner (Dz. U. No 141, pos. 1002 and 2007 Nr 120, pos. 822) instead of the information referred to in Art. 88c ust. 1 point 2 of the Act.
§ 10. The Regulation of the Minister of Labour and Social Policy shall be repealed with effect from 21 July 2006. on the mode and conditions for issuing a permit for work of a foreigner (Dz. U. No 141, pos. 1002 and 2007 Nr 120, pos. 822).
§ 11. This Regulation shall enter into force on 1 February 2009.
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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 Nr 237, p02. 1654 and 2009 Nr 6, pos. 33.
Annex 1. [ MODEL-REQUEST FOR THE ISSUE OF A FOREIGNER ' S WORK PERMIT IN THE TERRITORY OF THE REPUBLIC OF POLAND]
Annexes to the Regulation of the Minister of Labour and Policy
Social of 29 January 2009 (pos. 84)
Annex No 1
MODEL- APPLICATION FOR A PERMIT FOR WORK OF A FOREIGNER IN THE TERRITORY OF THE REPUBLIC OF POLAND [ 10]
Annex 2. [ MODEL-PERMIT FOR THE WORK OF A FOREIGNER IN THE TERRITORY OF THE REPUBLIC OF POLAND]
Annex No 2
MODEL- PERMISSION FOR A FOREIGNER TO WORK ON THE TERRITORY OF THE REPUBLIC OF [ 11]
Annex 3. [ MODEL-REQUEST FOR THE EXTENSION OF THE FOREIGNER 'S WORK PERMIT IN THE TERRITORY OF THE REPUBLIC OF POLAND]
Annex No 3
MODEL- APPLICATION FOR AN EXTENSION OF THE PERMIT FOR WORK OF A FOREIGNER IN THE TERRITORY OF THE REPUBLIC [ 12]
Annex 4. [ MODEL-EXTENSION OF THE PERMIT FOR WORK OF THE FOREIGNER IN THE TERRITORY OF THE REPUBLIC OF POLAND
Annex No 4
MODEL- EXTENSION OF THE PERMIT FOR WORK OF A FOREIGNER IN THE TERRITORY OF THE REPUBLIC [ 13]
Annex 5. [ FORMULA-STAROST INFORMATION ON THE ABILITY TO MEET THE STAFF NEEDS OF THE ENTITY ENTRUSTING THE PERFORMANCE OF A JOB TO A FOREIGNER BASED ON THE UNEMPLOYED AND JOBSEEKERS ' REGISTERS]
Annex No 5
MODEL- INFORMATION FROM THE STAROST ABOUT THE ABILITY TO MEET THE STAFF NEEDS OF THE ENTITY ENTRUSTING THE PERFORMANCE OF A WORK TO A FOREIGNER BASED ON THE REGISTER OF UNEMPLOYED AND JOBSEEKERS [ 14]
Annex 6.
Annex No 6
[ 1] § 2 point 3 as set out by § 1 item 1 of the Ordinance of the Minister of Labour and Social Policy of 10 December 2013 amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 2] § 2 point 4 in the wording set by § 1 item 1 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013 amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 3] § 2 point 5 in the wording established by § 1 item 1 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013 amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 4] § 4 (1) 1 in the wording set by § 1 item 2 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 5] § 5 par. 1 point 2 in the wording set by § 1 item 3 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 6] § 5 par. 1 point 3 in the wording set by § 1 item 3 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 7] § 5 par. 1 point 4 in the wording set by § 1 item 3 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 8] § 6 in the wording established by § 1 item 4 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013 amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 9] § 7 ust. 2 in the wording set by § 1 item 5 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 10] Annex No 1 as set out by § 1 item 6 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 11] Annex No 2 as set out by § 1 item 7 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 12] Annex No 3 as set out by § 1 item 8 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 13] Annex No 4 as set out by § 1 item 9 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
[ 14] Annex No 5 as set out by § 1 item 10 of the Regulation of the Minister of Labour and Social Policy of 10 December 2013. amending the Regulation on the issue of the permit for the work of a foreigner (Journal of Laws item) 1674). The amendment came into force on 14 January 2014.
