Detailed explanation
The condition for using the above-mentioned simplified procedure by citizens of Armenia, Belarus, Georgia, Moldova, Russia, and Ukraine when legalizing employment is that the employer obtains an entry in the register of declarations in the district labour office and that the foreigner has a document confirming the residence title in the Republic of Poland, entitling them to perform work on the territory of the Republic of Poland.
The employer should make a declaration before the foreigner takes up work.
The declaration is submitted on a special form, the model of which is specified by law. In its content, the employer includes their data and the data of the foreigner whom they intend to employ, as well as information on the planned employment (i.e., the date of commencement and period of work, the type of contract that is the basis for performing work, the amount of gross remuneration, the subclass of Poland Classification of Economic Activity, profession, and place of work).
The employer submits a declaration to the District Labour Office competent for the registered office – in the case of legal persons or place of permanent residence – in the event that the work is entrusted to a foreigner by a natural person. You can also make a declaration online - through the praca.gov.pl portal.
The declaration should be submitted together with the necessary attachments, after paying the stamp duty in the amount of PLN 30.
If the declaration and attachments meet all the requirements, then the employee of the office enters a declaration on entrusting the foreigner with the performance of work to the register of declarations, for the period or periods marked with dates – no longer than for a period of 6 months in the next 12 months. The minimum period for registering a declaration is 7 days. Confirmation of the entry is a declaration submitted by the employer with the stamp of the office.
In this case, an administrative decision is issued only if there are grounds for refusing entry in the register of declarations. Such a decision is issued by the starost, and the employer has the right to appeal against it to the minister competent for labour. Appeal proceedings are conducted by the Labour Market Department of the Ministry of Development, Labour and Technology (Labour Market Department).
The employer has certain obligations related to entrusting paid activity on the basis of a declaration.
A foreigner may start work only when the office enters the declaration in the register of declarations.
It should be remembered that the foreigner's possession of a declaration entered in the register of declarations is not sufficient – they must also have a residence right allowing them to perform work in Poland (e.g. a visa, except for a visa issued for tourist purposes or related to the use of temporary protection, stay in accordance with the rules of visa-free regime or have a temporary residence permit, with the exception of a permit that was granted due to circumstances requiring a short-term stay in Poland).
More information about sling dew and its requirements can be found at the following links:
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