Blog 17.07.2020

Foreign seasonal workers in Poland

More and more foreigners appear in Polish companies. Entrepreneurs who want to employ them should remember about the necessity of completing all important formalities, as it is a very important matter. Otherwise, they may bring serious troubles to themselves and the employee, which may have even several years of unwanted consequences. The key issue is to apply for a permit to employ a foreigner.

How to employ a foreign worker ?

EU citizens are not required to have a work permit and, according to Article 39 of the Treaty Establishing the European Community, they can be employed on the same basis as Poles. This is extremely useful information, because having such information the employer can employ foreign workers. There is, of course, a group of people who are exempt from the obligation to have a work permit. These are people who:

  • have refugee status,
  • have a permit to settle in Poland,
  • have a residence permit for a fixed period of time in connection with marriage to a Polish citizen,
  • have a residence permit for a long-term EU resident,
  • they have the Card of the Pole,
  • are graduates of a Polish high school
  • continue their full-time studies.

What does such an employee look like?

Of course, employees from abroad must also be insured. How are the procedures more accurate? Polish employers can employ foreigners both on the basis of an employment contract and a civil law contract, i.e. a contract for a specific task or an assignment contract. In such a case, there is an appropriate health insurance for the employee. As far as the issue of income tax is concerned, the entrepreneur can calculate it on the general principles, on the basis of a lump sum tax. Alternatively, double tax regulations may be applied. Of course, the employment permit for a foreigner is also very important. If the citizen is not a member of the EU, other rules apply. It is worth remembering that in the case of citizens of other countries, the Act on employment of foreigners, i.e. the Regulation of the Minister of Family, Labour and Social Policy of 7 December 2017, applies.

The employment of foreigners has its advantages and disadvantages. First of all, it is profitable. If people come to Poland for gainful purposes, one of the benefits is the availability of the employee. Additionally, the possibility to find people willing to work in case of problems with gathering Polish workers. For people with agriculture or gardening activities, an employee from abroad will be an ideal candidate. Such employees may be employed under a seasonal work contract.

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