Work permits in Poland – legal arrangements covered

On January 24, 2011, in Work permits, by Kalina Jaroslawska

A work permit is required if a foreign national does qualifying work in Poland under one of the following arrangements:

  • under a contract concluded with a Poland based entity – this is the most common situation, where a foreign citizen enters into an employment contract or other directly with his or her Polish employer;
  • as a result of having been posted to Poland by his or her foreign employer to that employer’s Polish branch office or establishment, affiliated organization, for a period longer than 30 days in a calendar year;
  • as a result of having been posted to Poland by his or her foreign employer without a Polish branch office, establishment or other affiliated organization, in order to provide temporary or occasional services – this will apply if a foreign company entered into a service contract with a Polish organization and posts its employees to Poland to ensure delivery of the contract (e.g. construction works);
  • as a result of having been posted to Poland by his or her foreign employer for other purposes than above, for a period longer than 3 months during 6 consecutive months.

Foreign individuals holding positions in management boards of Polish legal entities will need a work permit only if they reside in the territory of Poland, in connection with their function, for a cumulative total exceeding 6 months during 12 consecutive months.

The statutory instruments issued to complement the work permits regulations list a number of individual work permit exemptions, which should be applied on a case-by-case basis.

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