Changing Employers on a Work Permit in Poland #
The ability of a driver to change employers in Poland while holding a work permit issued by the previous employer depends on the type of work permit and the specific conditions attached to it. Here’s a detailed explanation:
Types of Work Permits in Poland #
Poland offers several types of work permits for foreigners. The most common ones include:
- Type A Work Permit: This is the most common type, applicable when a foreigner is employed in Poland based on an employment contract or civil law agreement with an employer whose registered office or place of residence is in Poland.
- Type B Work Permit: Applies to foreigners serving on the management board of a legal entity.
- Type C, D, and E Work Permits: These are for specific situations and less relevant for typical employment scenarios.
Changing Employers with a Type A Work Permit #
If a driver holds a Type A work permit, the key factor is that the permit is tied to a specific employer. According to Polish regulations, if a foreigner wants to change employers, they generally need a new work permit. Here’s a breakdown of the process:
- Cancellation of the Existing Permit: When the driver terminates employment with the current employer, that employer is obligated to inform the relevant Voivode (local governor) who issued the permit. The Voivode can then initiate procedures to cancel the work permit.
- Applying for a New Work Permit: The new employer must apply for a new work permit for the driver. The driver cannot legally work for the new employer until this new permit is granted.
- Legal Basis: This requirement stems from the Act on Employment of Foreigners, which stipulates that a work permit is employer-specific.
Exceptions and Important Considerations #
- Amendment of the Existing Permit: In some cases, it might be possible to amend the existing work permit instead of applying for a new one. This usually applies when there are minor changes, such as a change in the employer’s address or legal name, but the core employment conditions remain the same. However, a complete change of employer typically necessitates a new permit.
- Special Circumstances: Certain special circumstances might allow for more flexibility, but these are assessed on a case-by-case basis by the Voivodeship Office (Urząd Wojewódzki).
- Visa Requirements: If the driver’s stay in Poland is based on a visa tied to the work permit, changing employers also affects the visa. A new visa or an amendment to the existing one might be required.
Required Documents and Process for New Work Permit #
The new employer will generally need to provide the following documents when applying for a work permit:
- Application form
- Company registration documents
- Proof of the company’s economic activity
- Information on the driver’s qualifications and experience
- Labor market test (information from the local labor office confirming that there are no qualified Polish or EU citizens available for the job) – although there are exceptions for certain professions.
Official Sources and References #
For detailed and up-to-date information, refer to the following official sources:
- Polish Office for Foreigners (Urząd do Spraw Cudzoziemców): https://www.gov.pl/web/udsc/
- Act on Employment of Foreigners: (Check for the most recent version in Polish legal gazettes – Dziennik Ustaw)
- Local Voivodeship Office (Urząd Wojewódzki): The specific office relevant to the region where the driver will be employed.
Disclaimer #
Regulations can change, so it is always best to consult directly with the Polish Office for Foreigners or a legal professional specializing in immigration law for the most current and accurate information.
