Employer’s obligations - Wortal Publicznych Służb Zatrudnienia

The employer intending to entrust work to a foreigner is obliged to:

• verify (before entrusting work!) if the foreigner holds a valid document entitling them to stay in Poland, make a copy of the said document and keep it throughout the entire period of the foreigner's employment. The document authorising to stay in Poland can be a valid visa (e.g. a national visa (D) or a Schengen visa (C) or a residence permit (and the residence card issued based thereon)). Employers entrusting work to a foreigner staying in Poland without valid documents are subject to severe sanctions.
• ensure the foreigner's residence title entitles to commence work in Poland. Such documents as e.g. a tourist visa, a transit visa, a visa issued in connection with a temporary protection and a visa issued in connection with transit for humanitarian reasons, state interest or international obligations are not appropriate grounds for commencing work in Poland.
• Execute a written agreement with the foreigner (regardless of the agreement type), and present its translation into a language understandable for them before that. The agreement type should match the work nature. Note! Execution of a contract for specific work cannot be a way to circumvent the Labour Law provisions or reduce the costs of the foreigner's employment. Execution of a civil law agreement when the contract of employment should be signed constitutes a violation of the Labour Law provisions and is subject to a fine.

The employer employing a foreigner has obligations towards them as they have towards a Polish national with respect to:

• ensuring the minimum remuneration, as stipulated by the applicable regulations — if the work is entrusted under the contract of employment or a contract of mandate (for the contract of employment, the minimum monthly remuneration for full-time work is PLN 2,100.00 gross, for the contract of mandate it is PLN 13.70 gross per hour);
• register, within 7 days after the work commencement date for the social and health insurance and pay monthly contributions in the appropriate sum to the Social Insurance Institution in a timely fashion;
• comply with the fiscal law, e.g. calculating, collecting and paying income tax advances;
• comply with the Labour Law provisions — no employee, irrespective of their nationality, can be discriminated in the workplace!