Employment of Foreigners in Kraków and Małopolska – what formalities are required?

Every year companies are more and more willing to employ foreigners. Also in Kraków, foreign accents can be heard more and more often among employees of restaurants, shops and petrol stations. Employing foreigners is not very difficult, but you have to remember to complete all the formalities in order not to do any harm to yourself or the employee. See how to do it!

More and more foreigners take up employment in Kraków and Małopolska

According to the research and reports of the Małopolska Regional Development Observatory, foreigners who come to Kraków and its surroundings for work have long-term plans. But sometimes Poland is only the beginning of their career path and they plan to go to another EU paradise for work, while in Poland they want to start a new life and study at one of Kraków’s universities. Between 2012 and 2016 the number of work permits issued for people from outside the European Union increased by 111%. Among foreigners employed in Małopolska, the largest group are Ukrainian citizens. We also employ people from Moldova, Russia and Belarus. More and more people are also coming from India to take up work near Kraków. 

Foreigners are very eager to settle down and find employment in Małopolska. Usually, salaries do not fall below the national minimum here, foreigners are also employed on the basis of a contract of employment and have an opportunity to work in the field they pursued education in. Declarations of entrusting work have already been issued for quite a large group of foreigners. 

What formalities do you have to complete when employing a foreigner in Poland?

First of all, it is important for employees to hold a residence and work permit. The employer, in turn, applies for a permit to employ the employee. All the formalities can be taken care of with the help of outsourcing agencies that deal with employment of foreigners.

When a foreigner does not need a work permit?

A foreigner does not need to obtain a work permit in strictly defined circumstances. First of all, it concerns people who: 

• are nationals of EU Member States or countries of the European Economic Area
• have refugee status granted in Poland or have been granted subsidiary protection in our country, have a permit for tolerated stay, or enjoy temporary protection in Poland
• have a residence permit for a long-term residents of the European Communities in Poland
• are foreign language teachers employed at educational institutions
• are family members of a foreigner who is a citizen of the EU, the EEA or Switzerland
• are students studying in the Republic of Poland (the exemption applies to holiday months or if the student is completing international internships)
• are delegated by their employer from abroad
• are nationals of the following countries: the Russian Federation, Georgia, the Republic of Moldova, Belarus, Armenia and Ukraine and have the legal right to the exemption pursuant to Article 87(1)(12) of the Act on employment promotion and labour market institutions