The countries whose citizens can work on the basis of a declaration on entrusting the performance of work to a foreigner are only: Armenia, Belarus, Georgia, Moldova, Russia and Ukraine. The procedure is simplified and applies to non-seasonal work. The statement on entrusting work to a foreigner must be entered by the Poviat Labor Office in the register of declarations. In addition, a foreigner must have a confirmation of residence in the Republic of Poland, entitling to work in Poland.
A declaration of entrusting the work to a foreigner is submitted by the employer to the Poviat Labor Office, which enters the statement in the register of declarations. When the declaration is registered by the office, the employer passes it to the foreigner.
Based on the declaration, the foreigner applies for a residence permission allowing work at the territory of Poland (e.g. temporary residence permission or appropriate visa, being in visa-free travel for up to 90 days within the next 180 days). The statement on entrusting the work to a foreigner entitles him to non-seasonal work for up to six months in the next 12 months.
The employer is obligated to inform the office about starting (at the latest on the day of commencement of work) or not starting (within 7 days from the date of commencement of work started in the declaration) work by the foreigner. The employer is obligated to register the foreigner for social insurance and health insurance within 7 days. Such insurance gives the employee the right to benefits in case of sickness, accident at work or pregnancy & maternity, and free use of health care (benefits do not apply to contracts for specific tasks).
If a foreigner has been employed in connection with a declaration based on an employment contract and the employer wants to continue working with him for a longer period, the employer may, after 3 months of the foreigner’s work, submit to the voivode an application for a work permission on simpler terms. It is also possible for the foreigner to apply for a residence and work permission. If the application for a permission is complete, the work of the foreigner will be considered legal for the decision.
