Two questions before the first day of work

Before a candidate starts work for you, establish: whether the candidate stays in Poland legally and whether the basis of stay entitles the candidate to work - on the conditions you are proposing. Illegal entrusting of work also means work on other conditions or in another position than in the permit, and work without a written contract (Art. 2 point 2 of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners, hereinafter: the Act on Entrusting Work).

Employer duties

  • You obtain from the foreigner personal data and copies of documents in order to confirm identity and the entitlement to employment (Art. 4 para. 1).
  • Before work starts, you demand a valid document entitling the foreigner to stay (Art. 4 para. 2). During the work you may demand it again (Art. 4 para. 3).
  • You keep copies of residence documents for the entire period of work and for 2 years from the end of the calendar year in which the legal relationship ended (Art. 4 paras. 4 and 6).
  • You protect personal data against loss and unauthorised processing (Art. 4 para. 7).

The duties under Art. 4 paras. 2-4 do not apply, among others, to family members of citizens of the EU, EFTA and Polish citizens (Art. 4 para. 5 in conjunction with Art. 3 para. 1 points 1-5).

What to check in the documents

  • Travel document. First name, surname, citizenship, number and validity of the passport (Art. 9 para. 1 point 3).
  • Visa. Check the purpose and the date. A tourist visa or a visa for the purpose of a visit is not a basis of stay with which one can work on a work permit (Art. 3 para. 3 point 1).
  • Residence card. Check the expiry date, the type of permit and the annotation “access to the labour market” (Art. 244 para. 1 point 11 of the Act on Foreigners). With a residence and work permit, read the decision: it must indicate your company, the position, the remuneration, working time and the type of contract (Art. 118 para. 1). See: work on a residence card.
  • Work permit or declaration. They are required if the foreigner has neither free access to the labour market nor an exemption (Art. 2 point 2 letter c). Compare the conditions with the contract (Art. 17 para. 1 point 1).
  • Certificate of submission of a residence application. From 27 April 2026 the voivode issues it in the MOS system. It contains a QR code and confirms legal stay until the final decision (Art. 108 para. 1 points 1 and 2 and para. 3). The right to work during this time depends on the earlier basis - see working while waiting.

When you will not be penalised for the lack of a residence document

You are not subject to a penalty for entrusting work to a foreigner without a valid visa or residence document if you have jointly fulfilled the duties under Art. 4 paras. 2 and 4 (unless you knew the document was forged) and registered the foreigner for social insurance (Art. 85). This protection does not cover the lack of a work permit or work on other conditions.

After employment

Keep track of the validity dates of documents: expiring documents. Illegal entrusting of work carries a fine from 3 000 PLN to 50 000 PLN (Art. 84 para. 1), and an inspection checks the same documents: PIP and Border Guard inspections, penalties.