Type A Work Permit in Poland: Exceptions for Changing Employers #
A Type A work permit in Poland is required for foreigners who intend to perform work in Poland based on an employment contract or civil law agreement with an employer whose registered office, place of residence, or branch is located in Poland. Generally, this permit is employer-specific, meaning it is issued for a particular position with a specific employer.
General Rule: Permit is Employer-Specific #
The standard rule is that if a foreign worker wants to change employers, they need to obtain a new work permit for the new employer. The existing Type A work permit is tied to the initial employer and position.
Exceptions Allowing a Change of Employer Without a New Permit #
While changing employers typically requires a new permit, there are specific situations where a foreigner can continue working legally without needing a new Type A work permit. These exceptions are narrowly defined and must be carefully considered:
- Transfer within the Same Company Group: If the foreign national is being transferred to another entity within the same corporate group, a new permit might not be required, provided that the conditions of work (position, salary) remain substantially the same. This usually requires demonstrating a clear corporate relationship (e.g., parent company, subsidiary).
- Succession of Employer: If there is a legal succession (e.g., merger, acquisition) where the new entity takes over all the rights and obligations of the previous employer, the work permit may remain valid. This depends on the specific circumstances of the succession and requires careful legal assessment.
- Amendment of the Work Permit: In some cases, instead of applying for a new permit, it may be possible to amend the existing work permit to reflect the change of employer. This is possible only in very specific situations, such as when the new employer is a legal successor of the previous one.
Situations Requiring a New Work Permit #
A new work permit is generally required in the following situations:
- Change of Employer: If the foreign national wants to work for a completely different employer outside of the same corporate group.
- Change of Position: Even within the same company, if the foreign national’s job duties significantly change, a new work permit might be necessary.
- Change of Work Conditions: Significant changes to salary or working hours may also necessitate a new permit.
Important Considerations #
- Notification Requirement: In some cases, even if a new permit is not strictly required, the authorities must be notified of the change in circumstances.
- Legal Advice: Given the complexity of Polish immigration law, it is always recommended to seek legal advice from an experienced immigration lawyer or consultant to assess the specific situation and ensure compliance with all applicable regulations.
- Official Sources: Always refer to the official websites of the Polish government for the most up-to-date information. Key resources include the websites of the Ministry of Family, Labor and Social Policy (https://www.gov.pl/web/rodzina) and the relevant Voivodeship Office (Urząd Wojewódzki) for the region where the work is being performed.
Disclaimer #
This information is for informational purposes only and does not constitute legal advice. Laws and regulations are subject to change, and it is essential to verify the current requirements with the appropriate authorities or legal counsel.
