Changing Jobs in Poland: Impact on Your Work Permit #
If you are a foreign national working in Poland based on a work permit, changing jobs can have implications for your permit’s validity. Here’s a detailed breakdown of what you need to know:
General Rule: Work Permit Tied to Specific Employer #
In Poland, a work permit is typically issued for employment with a specific employer for a specific position. This means that if you change employers, your existing work permit may no longer be valid.
Scenarios and Required Actions #
- Changing Employers: If you decide to change employers, your new employer generally needs to apply for a new work permit on your behalf. You cannot legally work for the new employer until this new permit is approved.
- Changing Positions Within the Same Company: If you are changing positions within the same company, it depends on the specifics of your existing work permit. If the new position significantly differs from the one stated on your permit, your employer might need to apply for a new or amended work permit.
- Extending Your Stay: If you plan to continue working in Poland beyond the validity of your current work permit, your employer must apply for an extension before your current permit expires.
Legal Basis and Official Sources #
The key legislation governing the employment of foreigners in Poland includes:
- The Act on Foreigners: This act regulates the entry, stay, and employment of foreigners in Poland.
- Regulations of the Minister of Family, Labor and Social Policy: These regulations specify the detailed procedures for applying for work permits.
For the most accurate and up-to-date information, always refer to the official websites:
- Official Polish Government Website on Employment of Foreigners: This website provides comprehensive information on the legal aspects of employing foreigners in Poland.
- biznes.gov.pl – How to Legalise the Stay and Work of a Foreigner: Offers guidance on legalizing the stay and work permits for foreigners.
- Local Voivodeship Office (Urząd Wojewódzki): The specific department dealing with foreigner affairs in the Voivodeship where you are working.
Required Documents and Application Process #
The application process for a new work permit typically involves the following:
- Application form
- Copies of your passport
- Proof of health insurance
- Information about the employer (company registration documents, etc.)
- Labor market test (information from the local labor office confirming that there are no qualified Polish or EU/EEA citizens available for the position) – in some cases
- Other documents depending on the specific circumstances
Your new employer is responsible for submitting the application and ensuring all required documents are included.
Important Considerations #
- Legal Stay: Ensure that you maintain a legal basis for staying in Poland while the new work permit application is being processed. This might involve having a valid visa or residence permit.
- Labor Market Test: In many cases, a labor market test is required to demonstrate that there are no qualified Polish or EU/EEA citizens available for the job. However, there are exceptions to this requirement, depending on the profession and other factors.
- Type of Work Permit: There are different types of work permits (Type A, B, C, D, E). The most common is Type A, which applies to foreigners working in Poland based on an employment contract or civil law contract with an employer whose registered office is in Poland.
Consequences of Working Without a Valid Permit #
Working in Poland without a valid work permit is illegal and can result in serious consequences, including fines, deportation, and a ban from re-entering Poland and the Schengen Area.
Recommendation #
Consult with a legal professional or an experienced HR specialist in Poland to ensure full compliance with all applicable laws and regulations. They can provide tailored advice based on your specific situation.
Disclaimer: This information is for general guidance only and does not constitute legal advice. Laws and regulations can change, so it’s essential to verify the current requirements with official sources or legal professionals.
