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Businessman is working at the desk, checking if work permits are legal and correct.

Legal work permit – how to check what legal permit must contain

A lot of people are writing to us asking if their work permits are legal. That’s why we are decided to create this article to dispel all of the doubts. In this section, you can read what legal work permit should contain.

A work permit is a document that authorizes a foreigner to work legally in Poland.

The foreigner is issued a type A work permit if he/she carries out work in the Republic of Poland under an employment contact or a civil law contract with an employer whose residence is on the territory of the Republic of Poland.

Remember to check if company that apply for legal work permit in behalf of you is registered in Poland. If you wondering what legal work permit type A for Poland must contain, read our article.

Work permit type A for Poland must contain:

  • identifier in the central system; document number and code,
  • date of issue,
  • name of the unit that issued the work permit,
  • case number,
  • type of permit,
  • legal basis of Decision,
  • surname and forename(s)/ name of company, address of the company, telephone / fax / e mail,

Information about foreigner who will be performing the work:

  • name and surname,
  • nationality,
  • date of the birth,
  • job position, type of work performed,
  • type of employment contract,
  • working time/weekly hours of work,
  • gross monthly salary –in polish currency,
  • the period of time by which the work permit is valid,

Down on the left corner of the page should be Official stamp and on the right side stamp and signature of the competent authority issuing the permit.

Instruction:

  • Work permit type A entitles to work only on the condition that the foreigner has a residence permit referred to in art. 87 par. 1 point 12 of the Act of 20 April 2004. In the event of refusal to issue the visa indicated in the above provision, a temporary residence permit or other document authorizing to reside in the territory of the Republic of Poland, this work permit does not authorize to enter, stay or perform work in that territory,
  • the entity entrusting the work to a foreigner is obliged to hand over one copy of the permit to the foreigner and take into account in the written agreement with the foreigner the conditions, including the amount of remuneration, not less than in this permit (Article 88h paragraph 1 of the Act),
  • 88i. The entity entrusting the foreigner with performing work within 7 days shall notify the voivode who issued the work permit in writing about the following circumstances:
  • the foreigner has started work of a different nature or in a different position than specified in the work permit, on the terms referred to in art. 88f par. 1b;
  • there has been a change of the registered office or place of residence, name or legal form of the entity entrusting the foreigner with performing work or taking over the workplace or its part by another employer;
  • the work place or part of it has been transferred to another employer;
  • the person representing the employer referred to in art. 88c para. 6 point 3 has changed,
  • the foreigner did not take up employment within 3 months from the initial date of validity of the work permit;
  • the foreigner has stopped working for a period exceeding 3 months;
  • the foreigner finished work earlier than 3 months before the expiry of the work permit.

Failure to comply with the above obligations is punishable by a fine not lower than 100 PLN (Article 120 par.6 of the Act).

In accordance with art. 88d of the Act, obtaining a work permit does not exempt from the requirements specified in separate regulations, from the fulfilment of which the performance of regulated professions or activities is provided.

An entity entrusting work to a foreigner may submit an application for the extension of a work permit not earlier than within 90 days and no later than within 30 days before expiry of the validity period (Article 88a paragraph 1a of the Act).

The decision may be appealed within 14 days of its receipt via the competent Voivode to the Minister of Labour and Social Policy.

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Author: The Migration Bureau

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