Non-EU Driver in Poland? A Guide to Changing Employers Legally

Changing Employers Legally in Poland as a Non-EU Driver #

This guide provides detailed information for non-EU drivers in Poland who wish to change employers legally. It covers essential aspects such as work permits, visas, and other relevant regulations.

Work Permits (Zezwolenie na Pracę) #

General Requirements:

• Work Permit Necessity: As a non-EU citizen, you generally need a work permit to be legally employed in Poland.
• Employer’s Responsibility: The responsibility to obtain this permit usually falls on your prospective employer. They must apply for it on your behalf.
• Types of Work Permits: There are different types of work permits, but the most common is the Type A permit, which applies to foreigners working in Poland based on an employment contract or civil law agreement with an employer whose registered office is in Poland.

Changing Employers:

• New Permit Required: If you want to change employers, your new employer must obtain a new work permit for you. A work permit is employer-specific.
• Application Process: The new employer must apply for a new work permit before you start working for them. This involves submitting an application to the relevant Voivodeship Office (Urząd Wojewódzki).
• Required Documents: The employer will typically need to provide documents such as company registration details, your passport copy, proof of qualifications, and information about the job position.

Legal Reference:
Biznes.gov.pl – Work permits for foreigners

Visa Requirements #

Visa Types:

• National Visa (Type D): This is typically issued for stays exceeding 90 days. It is often linked to the work permit.
• Schengen Visa (Type C): This is for short stays (up to 90 days in a 180-day period) and is generally not suitable for long-term employment.

Visa and Work Permit Interrelation:

• Visa Validity: Your visa’s validity must cover the period of your intended employment.
• Changing Employers: Changing employers usually requires a new visa or an amendment to your existing visa, corresponding to the new work permit.
• Application for a New Visa: If your current visa is tied to your previous employer, you will likely need to apply for a new visa based on the new work permit.

Legal Reference:
Gov.pl – Visas

Legal Steps for Changing Employers #

1. Resignation from Current Employer:
   • Notice Period: Comply with the notice period specified in your employment contract.
   • Documentation: Ensure you receive all necessary documents from your current employer, such as your employment certificate (świadectwo pracy).
2. New Employer Obtains Work Permit:
   • Application Submission: Your new employer applies for a work permit on your behalf.
   • Waiting Period: Be aware that the work permit process can take several weeks or months.
3. Visa Formalities:
   • Visa Application/Amendment: Apply for a new visa or an amendment to your existing visa, if necessary, based on the new work permit.
   • Document Submission: Submit all required documents to the relevant Polish consulate or embassy.
4. Legal Employment:
   • Start Date: Only commence work for the new employer once all permits and visa formalities are completed.
   • Contract: Ensure you have a valid employment contract with the new employer.

Important Considerations #

• Voivodeship Office: The specific requirements and processing times can vary between different Voivodeship Offices. Contact the relevant office for precise information.
• Legal Assistance: Consider seeking legal advice from a Polish lawyer specializing in immigration law to ensure full compliance with all regulations.
• Health Insurance: Ensure your new employer provides you with health insurance, as required by Polish law.
• Social Security: Understand your rights and obligations regarding social security contributions.

Additional Resources #

• Polish Border Guard (Straż Graniczna): For information on entry and stay regulations.
  Straż Graniczna Official Website
• Ministry of Family and Social Policy: For information on labor laws and social security.
  Ministry of Family and Social Policy Official Website

Disclaimer: This information is for guidance only and does not constitute legal advice. Always consult official sources or legal professionals for specific situations.