What is illegal entrusting of work

The Act on the Conditions for Permitting the Entrusting of Work to Foreigners (hereinafter: the Act on Entrusting Work) treats as illegal the entrusting of work to a foreigner who (Art. 2 point 2):

  • stays in Poland illegally or whose basis of stay does not entitle the foreigner to work,
  • does not have the required work permit or a declaration entered in the register,
  • works on other conditions or in another position than in the permit, the declaration or the residence and work permit,
  • works without a contract concluded in writing.

Fines under the Act on Entrusting Work

  • from 3 000 PLN to 50 000 PLN for illegal entrusting of work, not less than 3 000 PLN for each foreigner (Art. 84 paras. 1 and 13),
  • from 6 000 PLN to 50 000 PLN among others for leading a foreigner or another person to illegal work or employment by misleading or exploiting a mistake, and for demanding a financial benefit from a foreigner for efforts to obtain a permit. Not less than 6 000 PLN for each foreigner (Art. 84 paras. 3-5 and 14),
  • from 1 000 PLN to 3 000 PLN for the lack of a version of the contract understandable to the foreigner, failure to give the contract to the authority or failure to submit a notification of the work of a foreigner under temporary protection (Art. 84 para. 6),
  • not less than 500 PLN for failure to submit the notifications under Art. 18 para. 2 and Art. 19 (Art. 84 para. 7),
  • from 500 PLN to 5 000 PLN for failure to submit a notification of the start or non-start of work under a declaration (Art. 84 para. 10),
  • not less than 6 000 PLN for entrusting work to a foreigner referred by an entity that is not an employment agency (Art. 84 para. 11).

These petty offences are adjudicated in the procedure for petty offence cases (Art. 86 para. 3). A foreigner who works illegally is subject to a fine of not less than 1 000 PLN (Art. 84 para. 2). Art. 85 exempts from the penalty for entrusting work to a foreigner without a valid visa or residence document - see how to check legality.

Crimes and outstanding remuneration

The Act on the Consequences of Entrusting Work to Foreigners Residing Contrary to the Regulations provides, for those who entrust work to foreigners without a valid residence document (Art. 9-12):

  • a fine or restriction of liberty for entrusting work at the same time to many such foreigners, to a minor, or for persistently entrusting work in a business activity,
  • imprisonment of up to 3 years for entrusting work in conditions of particular exploitation,
  • a possible ban on access to public funds for a period of from one year to 5 years, adjudicated by the court after a conviction (Art. 12).

A foreigner without a valid residence document has a claim for outstanding remuneration. With an employment contract, employment is presumed for 3 months, and with another contract remuneration of three times the minimum wage (Art. 4 of that Act). The entity entrusting the work also covers the costs of transferring the payments abroad (Art. 5 of that Act).

Consequences for later applications

A final conviction for the petty offences under Art. 84 paras. 3-5, or a repeated conviction within 2 years for a petty offence under Art. 84 para. 1, results in a refusal of a work permit (Art. 13 para. 1 point 1 letters c and d). A residence and work permit is also refused to a foreigner whose employer was so penalised (Art. 117 point 1 letters a and b of the Act on Foreigners). The lack of written confirmation of an employment contract before allowing the employee to work is a petty offence punishable by a fine from 2 000 PLN to 60 000 PLN (Art. 281 § 1 point 2 of the Labour Code). See also: PIP and Border Guard inspections.