What is entered in your permit

The decision granting a temporary residence and work permit indicates, apart from the period of validity (Art. 118 para. 1 of the Act on Foreigners):

  • the entity entrusting the work, and for temporary work also the user employer,
  • the position or type of work,
  • the lowest pay,
  • the working time,
  • the type of contract.

If you are to work for the same employer in a different position, for different pay, in different working time or on a different contract, you need a change of the permit (Art. 120 para. 1 point 3). There are, however, exceptions.

Changes without a change of the permit

A change of the permit is not required when (Art. 119 para. 1):

  • the employer has changed its seat, address, name or legal form,
  • the workplace or part of it has been taken over by another employer,
  • the working time has been increased and the pay has been increased proportionally at the same time,
  • only the name of the position has changed and the scope of duties is the same,
  • a civil-law contract, for example a contract of mandate, has been replaced by an employment contract.

The employer notifies the voivode who granted the permit of these changes in writing within 15 working days (Art. 119 para. 2).

The decision gives the lowest pay (Art. 118 para. 1 point 3). Higher pay with all other conditions unchanged therefore fits within the permit.

Changes that require a change of the permit

  • Lower pay. If the pay was reduced and the permit was not changed, the voivode withdraws the permit (Art. 122 point 1).
  • A different position or a different scope of duties. A change of position without a change of the permit is also a ground for withdrawal (Art. 122 point 1).
  • Shorter working time or longer without a proportional raise.
  • An employment contract replaced by a civil-law contract.

Remember: monthly pay cannot be lower than the minimum wage, regardless of working time and type of contract (Art. 114 para. 1 point 5). This also applies to part-time work.

Consequences of working on different terms

The MOS portal warns that work inconsistent with the conditions in the decision may end in a decision obliging you to return or in liability for a petty offence. An employer who entrusts work on terms different from those in the permit entrusts it illegally (Art. 2 point 2 letter e of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners). The employer faces a fine of 3 000 PLN to 50 000 PLN (Art. 84 para. 1 of that Act).

How to change the permit

You submit the application, not the employer (Art. 120 para. 7). You submit it on paper, outside MOS, to the voivode competent for the place where you are staying now (Art. 120 para. 1 and Art. 120a para. 1). The employer fills in an annex with the new work conditions (Art. 120a para. 2 point 1). Submit the application for a change before the new conditions are introduced. The voivode may refuse the change if you do not have health insurance or the new conditions do not meet the requirements of the permit, for example as to pay (Art. 120 para. 6).

The fee, documents and further steps are the same as when changing employer - see changing employer.