Residence card and the right to work

A residence card confirms a residence permit. Whether you can work depends on the type of permit and on the Act on the Conditions for Permitting the Entrusting of Work to Foreigners (hereinafter: the Act on Entrusting Work). The difference between the card and the permit is explained in the guide card vs permit.

The annotation “access to the labour market”

The annotation “access to the labour market” is placed on the residence card when the permit was granted to a foreigner entitled to work in Poland or exempt from the obligation to hold a work permit (Art. 244 para. 1 point 11 of the Act on Foreigners). The annotation does not mean work for any employer. With a residence and work permit, the decision indicates the employer, the position, the lowest remuneration, working time and the type of contract (Art. 118 para. 1). You work only on these conditions.

When a residence permit gives the right to work

  • Free access to the labour market. A work permit is not needed, among others, with a permanent residence permit and an EU long-term resident permit (Art. 3 para. 1 points 6 and 7 of the Act on Entrusting Work). The same applies to some temporary residence permits, e.g. for studies, scientific research or for victims of human trafficking (point 14), and to the spouse of a Polish citizen (point 15). More: when work is possible without a permit.
  • A permit that itself covers work. You work under a temporary residence and work permit, an EU Blue Card or an intra-corporate transfer (Art. 3 para. 2 point 1). See: temporary residence and work and EU Blue Card.
  • Another temporary residence permit. You can work if the employer has a work permit for you or a declaration entered in the register (Art. 3 para. 3 point 3). This does not apply to a short-term stay permit under Art. 181 para. 1 of the Act on Foreigners.

How to check your right to work

  1. Read from the card the type of permit and the annotations, and the expiry date of the card (Art. 244 para. 1 points 8-12a and 16).
  2. Check whether the annotation “access to the labour market” is there.
  3. Read the decision on the permit. If you are exempt from the obligation to hold a work permit, the decision contains such information (Art. 118 paras. 3 and 4).
  4. When there is no annotation, ask the employer about a work permit or a declaration: work permit, declaration.

What the card does not settle

Changing employer or work conditions may require a change of the permit - see changing employer. Illegal work carries a fine of not less than 1 000 PLN, and the employer faces a fine from 3 000 PLN to 50 000 PLN (Art. 84 paras. 2 and 1 of the Act on Entrusting Work).