Case 1.
What are the obligations of an employer who hires a foreign national?
Employing a foreign national entails a number of obligations, compliance with which is an essential part of the regulations concerning work permits.
An employer intending to employ a foreign national is obliged, first and foremost, to:
- Check whether the person holds a valid document entitling them to stay in Poland, make a copy of this document and keep it for the entire duration of the foreign national’s employment,
- Ensure that the foreign national’s residence permit entitles them to work in Poland, as some residence permits merely confirm the foreign national’s legal stay in Poland but do not authorise them to work (e.g. a tourist visa),
- Sign a contract with the foreign national, which, regardless of its type, must be in writing, and such a contract must be translated into a language they understand.
Case 2.
Can a foreign national employed under an employment contract be posted to carry out work abroad?
Yes, a foreign national who works for a company having its registered office or a permanent place of business in Poland may be a posted worker, provided, however, that they are residing and working in Poland legally. The employer may post such an employee to another country within the European Union, the European Economic Area or Switzerland on the same terms as a Polish citizen. However, it is necessary to check whether the host country will require the employee to hold a residence permit (e.g. an appropriate visa) authorising them to work.
Case 3.
Are there any specific rules governing the employment of foreign nationals in Poland?
There are no specific rules, but it should be borne in mind that the terms and conditions of employment for a foreign national must not be less favourable than those guaranteed by Polish labour law, i.e. the Labour Code and other acts regulating the rights and obligations of employees.
The terms and conditions of employment relate in particular to:
- working time standards and hours, as well as daily and weekly rest periods,
- the length of annual leave,
- the minimum wage,
- health and safety at work.
