Declaration of entrusting work to a foreigner 

If you want to employ a citizen of Armenia, Belarus, Georgia, Moldova, or Ukraine, one of the simplest documents to obtain that legalizes their work is precisely the declaration of entrusting work to a foreigner. The declaration allows you to employ a citizen of one of these five countries for a period of up to 24 months without the need to obtain a work permit.

NOTE! Verify whether the foreigner’s residence title entitles them to take up employment based on the declaration.
residence title.

Residence titles:

1. a visa issued for purposes marked with the numbers 03-10, 12-13b, 15-19, 21-22b, 23*

Visa issued for the purpose of:

  1. participating in sporting events,
  2. conducting business activity,
  3. performing work,
  4. conducting cultural activity or participating in conferences,
  5. carrying out official duties by representatives of a foreign state authority or an international organization,
  6. undertaking first-, second-, or third-cycle studies,
  7. vocational training,
  8. teaching,
  9. conducting scientific research or development work,
  10. undertaking an internship,
  11. participating in a European volunteer program,
  12. joining a citizen of another EU, EFTA, EEA country, or Switzerland,
  13. joining a citizen of the United Kingdom,
  14. participation in a cultural or educational exchange program, a humanitarian aid program, or a working holiday program,
  15. arrival in the territory of the Republic of Poland as an immediate family member of a repatriate,
  16. arrival in the territory of the Republic of Poland as an immediate family member of a person residing in Poland on the basis of a permanent residence permit obtained through the Polish Card,
  17. exercising rights arising from holding a Polish Card,
  18. repatriation,
  19. arriving for humanitarian reasons, due to the interest of the state or international obligations,
  20. exercising the rights under a temporary residence permit for family reunification,
  21. exercising the rights under a temporary residence permit for performing work within an intra-corporate transfer,
  22. exercising the rights under the temporary residence permit referred to in Article 160 points 1, 3, 4, or 6 of the Act on Foreigners (for a family member (or a person leading a family life within the meaning of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on November 4, 1950) of a citizen of the Republic of Poland, another EU, EFTA, EEA country, or Switzerland, or the United Kingdom).

* (only when the visa is issued for the purpose of exercising the rights resulting from holding the Polish Card)
2) he so-called ‘passport stamp’ – i.e., the foreigner’s stay in Poland while awaiting a residence decision after submitting an application for temporary, permanent residence, or long-term EU resident permit, provided that on the day of submission they were entitled to work in the territory of Poland,,
3) temporary residence permit (excluding short-term residence permit),
4) strong>residence document (residence card) issued by another Schengen area country,
5) stay under the visa-free movement regime.

The procedure for obtaining a declaration is somewhat different from that for a work permit. To obtain a work permit, you submit an appropriate application to the competent voivode, and the voivode, after examining the application and attachments, either issues a work permit for the foreigner or refuses to do so. In the so-called “declaration procedure,” as the name of the document itself indicates (declaration of entrusting work to a foreigner), you, as the prospective employer, declare that you want to employ a specific candidate for a specific position, while the competent labor office verifies the fulfillment of the relevant conditions and records your declaration in the register of declarations.

Conditions required to register the declaration:

  • the candidate holds citizenship of Armenia, Belarus, Georgia, Moldova, or Ukraine,
  • the work will be performed in the territory of the Republic of Poland,
  • the work is not seasonal in nature and does not involve serving on the management board of a company,
  • the period of employment will not exceed 24 months,
  • the start date of work will be no later than 6 months from the date of submitting the declaration,
  • the foreigner’s remuneration will not be lower than that of employees performing comparable work, nor lower than the minimum wage for

Remember that the Declaration of Entrusting Work to a Foreigner must be submitted together with:

You submit the declaration via the electronic system (on the website praca.gov.pl – there is a ready-made form to be filled in and signed, e.g., using ePUAP) to the district governor competent for your registered office or place of permanent residence. The governor will verify the submitted declaration, and within 7 days you should receive confirmation of the entry of the declaration into the register of declarations (i.e., the same document you submitted, but with an appropriate annotation of the entry, date, and the official’s signature), or a decision refusing the entry. Sometimes, it may turn out that your situation as an employer or the situation of the foreigner is not straightforward, and the office needs more time to verify all the circumstances. This will be the so-called “explanatory proceedings,” during which you may be asked to provide additional documents or explanations – in such a case, you should receive the office’s response no later than within 30 days. 

That’s it. Once the declaration is entered into the register of declarations, the so-called “foreigner aspect” is taken care of – from that point on, you proceed similarly to the case of Polish employees.

Also read the RIGHTS AND OBLIGATIONS OF THE EMPLOYER

REMEMBER!
Work performed by a foreigner must comply with the registered declaration (e.g., position, type of contract, place of work, remuneration, etc.), and as a rule, any change in working conditions should be preceded by registering a new declaration. However, registering a new declaration is not always necessary. For example, in the case of a change of your company’s registered office, takeover of the workplace by another entity, an increase in working time or number of hours to full-time, or a change in the job title (without changing the scope of the foreigner’s duties) – this will not be required.