Requirements for Foreign Employees to Work
Foreigners from the EU member states and from a state within the European Economic Area as well as their family members have unlimited access to employment in Poland. Foreigners from other countries must obtain a work permit and, in some cases an entry visa, if they want to take a job in Poland.
A work permit is issued exclusively upon a written application of an entity, which commissions a foreigner to perform work. Such a permit is issued to a specific foreigner. Furthermore, it defines the entity which commissions a foreigner to perform the work and the position the foreigner is to hold or the kind of work he/she is to perform. The work permit is issued for a specific term, however not longer than three years, and can be extended. Besides the work permit, the entitlement of a foreigner to work in Poland also requires obtaining an appropriate visa unless the foreigner is staying in Poland legally by other means. In some cases, the immigration provisions waive the obligation of a work permit.
Does a Foreign Employer need to Establish or Work through a Local Entity to Hire an Employee?
No. In Poland, foreign employers are allowed to hire employees directly.
Limitations on Background Checks
There are strict limitations on background checks under Polish law. An employer is only allowed to obtain the information concerning the candidate as indicated in legal acts – in the Labour Code or, if applicable, in other specific acts that may concern specific job positions.
Restrictions on Application/Interview Questions
An employer may require an applicant to provide the following personal data only: name(s) and surname, names of parents, date of birth, place of residence (mailing address), education and employment record. Personal data is provided to an employer in the form of a statement issued by the person whose data is provided. An employer may require the relevant documentation to confirm personal data of the persons. Employers may require the provision of personal data other than the data specified above pursuant to separate regulations only. Additional questions that force the candidate to provide other personal data, especially those concerning the candidate’s family life and personal relationships, are strictly prohibited.