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Regulation Of The Minister Of Labour And Social Policy Of 10 December 2013 Amending Regulation On The Issue Of The Work Permit Of The Alien

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 10 grudnia 2013 r. zmieniające rozporządzenie w sprawie wydawania zezwolenia na pracę cudzoziemca

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REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 10 December 2013

amending the regulation on the authorisation of the work of a foreigner

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 2013 r. items 674, of late. 1. 2) ) The following shall be managed:

§ 1. In the Regulation of the Minister of Labour and Social Policy of 29 January 2009. on the issue of the authorisation of a foreigner's work (Dz. U. No 16, pos. (84) The following amendments shall be made:

1. in Paragraph 2, points 3 to 5 are replaced by the following:

" 3) C-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 30 days in a calendar year to a branch or establishment of a foreign entity or an 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. 1. 3) ), with the foreign employer;

4) 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) E-applies 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 the following 6 months for a different purpose than those indicated in points 2 to 4. ";

2) in § 4 par. 1 is replaced by the following

" 1. The renewal of the authorisation shall take place at the written request of the entity entrusting the work of the foreigner, made not earlier than 90 days and no later than 30 days before the expiry of the period of validity of the consent. ';

3) in § 5 in the mouth. Points 2 to 4 are replaced by the following:

" 2. It shall immediately verify that candidates meeting the requirements set out in the offer of work are among the persons registered in the district labour office;

3) inform the applicant an offer of the number of candidates meeting the requirements specified in the job offer;

4) directs the candidates meeting the requirements specified in the job offer to the entity making the offer; ";

4. Paragraph 6 is replaced by the following:

" § 6. 1. An entity entrusting the performance of a work to a foreigner, submitting an application for 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. ';

5) in § 7 par. 2.

" 2. 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. ';

6. Annex No 1 to the Regulation shall be replaced by the text set out in Annex No 1 to this Regulation;

7. Annex No 2 to the Regulation shall be replaced by the text set out in Annex No 2 to this Regulation;

8. Annex No 3 to the Regulation shall be replaced by the text set out in Annex No 3 to this Regulation;

9. Annex No 4 to the Regulation shall be replaced by the text set out in Annex No 4 to this Regulation;

10. Annex No 5 to the Regulation is replaced by the text set out in Annex No 5 to this Regulation.

§ 2. Applications submitted at the date of entry into force of this Regulation shall apply the provisions so far.

§ 3. The Regulation shall enter into force after 14 days from the date of the announcement.

Minister of Labour and Social Policy: W. Kosiniak-Kamysz

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 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).

2) Amendments to the text of the single law have been announced in the Dz. U. of 2013 r. items 675, 829, 1291, 1623 and 1645.

3) Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 362, 596, 769, 1278, 1342, 1448, 1529 and 1540 and from 2013. items 21, 888, 1027, 1036, 1287, 1304 and 1387.

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 Social Policy
of 10 December 2013 (pos. 1674)

Annex No 1

MODEL- APPLICATION FOR A PERMIT FOR WORK OF A FOREIGNER IN THE TERRITORY OF THE REPUBLIC OF POLAND

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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

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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

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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

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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

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