Changing Jobs in Poland: Transferring Your Work Permit #
If you’re considering changing jobs in Poland while holding a work permit, it’s essential to understand the regulations surrounding the transferability of your permit. The rules can be complex, and it’s crucial to follow the correct procedures to avoid any legal issues.
General Rule: Work Permit is Employer-Specific #
In Poland, a work permit is typically issued for a specific employer and a specific position. This means that, in principle, your work permit is not automatically transferable to a new employer.
Situations Requiring a New Work Permit #
- Changing Employers: If you want to work for a different employer, you will generally need a new work permit issued specifically for that new employer.
- Changing Positions: Even if you stay with the same employer, if you move to a different position that requires significantly different qualifications or responsibilities, a new work permit might be necessary.
How to Obtain a New Work Permit #
The responsibility for obtaining a new work permit usually falls on the new employer. Here’s a general outline of the process:
- Employer Application: The new employer must apply for a work permit on your behalf. This involves submitting an application to the relevant Voivodeship Office (Urząd Wojewódzki).
- Labor Market Test: In most cases, the Voivodeship Office will conduct a labor market test (tzw. ‘test rynku pracy’). This involves checking whether there are qualified Polish or EU citizens available to fill the position. The test is waived in certain professions or situations.
- Required Documents: The employer will need to provide various documents, including company registration documents, your passport copy, proof of qualifications, and a draft employment contract.
- Decision: If the application is approved, the Voivodeship Office will issue a work permit.
Exceptions and Facilitations #
There are some situations where the process might be simpler or faster:
- Exemptions from Labor Market Test: Certain professions are exempt from the labor market test. Information Technology (IT) specialists and some other highly skilled workers often benefit from this.
- Unified Permit (Jednolite Zezwolenie na Pobyt i Pracę): If you also need a residence permit, you can apply for a unified permit, which combines the work and residence authorization into one process.
Important Considerations #
- Legal Stay: Ensure that your stay in Poland remains legal throughout the process. If your current work permit expires before the new one is issued, you might need to apply for a temporary residence permit to bridge the gap.
- Consult with Professionals: It’s highly recommended to consult with a legal professional or an experienced HR specialist who can guide you through the process and ensure compliance with all regulations.
- Official Information: Always refer to official sources for the most up-to-date information. The websites of the Voivodeship Offices and the Ministry of Family and Social Policy are good starting points.
Where to Find More Information #
- Ministry of Family and Social Policy: https://www.gov.pl/web/rodzina (Polish language)
- Voivodeship Offices (Urząd Wojewódzki): Search online for the website of the Voivodeship Office in the region where you intend to work.
- Official Government Portal for Foreigners: https://www.gov.pl/web/mswia/cudzoziemcy (Polish language)
Disclaimer: Immigration laws and regulations are subject to change. This information is for general guidance only and does not constitute legal advice. Always consult with qualified professionals for specific advice related to your situation.
