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What documents are needed to hire a person from abroad?

What documents are needed to hire a person from abroad? Employees coming from abroad are considered determined, flexible and mobile. It is no secret that they are willingly employed and respected by Polish employers. There is a shortage of employees in many professions – especially in production or warehouse departments.

Citizens of Ukraine, Belarus or Moldova are most often employed. However, the employment of foreigners is related to the completion of appropriate documentation and remembering about legal regulations. In this article, we answer the question of what documents are needed to employ a person from abroad.

Document legalizing the stay – an important document for employing a person from abroad

It should be mentioned that before starting work of a foreigner, first of all, the foreigner should be required to present a valid document entitling him to stay legally in Poland. It should also be checked whether the foreigner has a residence title entitling him to work in Poland. Why? Because not all residence documents entitle a foreigner to both legal stay and work in Poland. This is, for example, a tourist visa or a visa issued in connection with the use of temporary protection. It is also very important to prepare a copy of such a residence permit and keep it for the entire period of work by the foreigner.

Documents regarding the conclusion of a contract with a foreigner

A work permit that will be issued to a foreign person or a statement regarding entrusting work to a foreigner is not a document that certifies employment in a given company. This means that it is not an employment contract or a civil law contract. This only indicates that a person from abroad may legally perform work under the conditions applicable in a given enterprise.

It is necessary to conclude an employment contract or a civil law contract, such as a mandate contract, in writing with a foreigner. The written agreement must include the conditions that are declared in the declaration or consent. If the employment contract is indicated as the legal basis in the declaration or permit, we should remember that it is not possible to conclude a civil law contract with a foreigner without changing the previously mentioned permit or registering a new statement. However, if, after issuing the permit or declaration, the employer decides to employ a person from abroad on the basis of an employment contract instead of a civil law contract, he may do so without first submitting an application for a new statement or permit.

When concluding any contract with a foreign person, it should be remembered that it should be translated into a language understood by the foreigner. Therefore, it is best to conclude a contract in writing, moreover – the lack of a written contract is one of the grounds for considering the work of a foreigner illegal.

Conditions of employment of a foreign person and remuneration

It does not matter whether we employ a foreigner in Poland or delegate him to work in Poland, we must provide him with appropriate employment conditions that comply with the regulations in force in Poland.

If a foreigner performs work in Poland based on an employment contract, his conditions cannot be less favorable than those guaranteed by Polish labor law.

What are the relevant terms and conditions of employment? The terms and conditions of employment refer to standards and working time, as well as daily and weekly rest periods. In addition, they concern the provision of a minimum remuneration for work and a sufficiently long holiday leave. It is also important to ensure occupational health and safety and remember about the principle of equal treatment in the workplace. In the case of pregnant women, it is important to protect them both during work and during maternity leave. Appropriate employment conditions also apply to the amount of remuneration and overtime allowance.

Employment of employees from the east – an important declaration procedure

For several years, workers from the east have been coming to Poland for work purposes. This is due, among others, to the liberal provisions of law that allow the employment of foreigners from Ukraine, Moldova, Belarus, Russia, Georgia and Armenia. Their employment is possible under the declaration procedure, also known as the simplified procedure. Legal employment of foreigners thanks to the aforementioned regulations is possible within a week. For other countries that are not covered by the procedure, legalization takes 30 days. For example, different employment procedures are foreseen for Ukrainians and different for people from Azerbaijan.

If you want to employ a foreigner who is a citizen of a country that belongs to the European Union, Switzerland or the European Economic Area, you can do it as if you were employing a Polish citizen – without additional formalities. However, a foreigner should report his/her stay in Poland if it exceeds three months.

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