A foreigner leaves another employer

A work permit is issued at the request of a specific employer and contains the employer's data (Art. 8 para. 1 and Art. 32 para. 1 point 1 of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners, hereinafter: the Act on Entrusting Work). The previous employer's permit is therefore not your basis for employment. Before you allow the foreigner to work, check on what basis the foreigner can work for you:

  • the foreigner has free access to the labour market or is exempt from the obligation to hold a permit (Art. 3 paras. 1, 5 and 6),
  • you will obtain a work permit for the foreigner or the entry of a declaration in the register. The foreigner then works in accordance with it if entitled to stay, e.g. on the basis of an appropriate visa or a temporary residence permit (Art. 3 para. 3),
  • the foreigner has a temporary residence and work permit. The application for a change of the permit is then submitted by the foreigner, and you complete the annex (Art. 120 paras. 1 and 7, Art. 120a para. 2 point 1 of the Act on Foreigners). See: changing employer.

Whether the foreigner can work while waiting for a decision is explained in the guide working while waiting. The previous employer has their own duties. They notify the authority within 7 days when the foreigner ended work earlier than 2 months before the end of validity of the work permit (Art. 19 point 3, Art. 20 para. 1). They notify the voivode of the loss of work under a residence and work permit within 15 days (Art. 121 para. 4 of the Act on Foreigners).

Transfer of a workplace

When a workplace or part of it is transferred, the new employer becomes by operation of law a party to the existing employment relationships (Art. 23¹ § 1 of the Labour Code). Foreigners keep working on the same basis:

  • the work permit does not need to be changed, but the employer notifies the authority within 7 days through the system (Art. 18 para. 1 point 2, Art. 18 para. 2, Art. 20 para. 1),
  • a new entry of the declaration is not required (Art. 69 point 2),
  • the temporary residence and work permit does not need to be changed, but the voivode is notified within 15 working days (Art. 119 para. 1 point 2 and para. 2 of the Act on Foreigners).

A change of work conditions on the occasion of a takeover is a separate matter - see changing employment terms.

Temporary work

The application for a permit for a temporary worker is submitted by the entity entrusting the work, that is the temporary work agency (Art. 6 para. 1 point 1, Art. 8 para. 1). The permit indicates the user employer (Art. 32 para. 2), so a change of user in principle requires a new permit. The exception is a change of the registered office, name or legal form of the user (Art. 18 para. 1 point 1 letter c). As the user employer, you may demand from the agency a copy of the permit or the declaration (Art. 17 para. 1 point 10, Art. 68 para. 1 point 8).

Entrusting work to a foreigner referred by an entity that is not an employment agency carries a fine of at least 6 000 PLN (Art. 84 para. 11). Referring a foreigner to work for another entity on a basis other than a temporary work contract is a fine of at least 3 000 PLN (Art. 84 para. 12). More: penalties.