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Guide part 2 – how to hire a citizen of Ukraine? Simplified procedure

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​by Małgorzata Kolasa-Dorosz, Katarzyna Małaniuk

1 March 2022

 

Want to hire a citizen of Ukraine? The simplest and most practical solution will be to use a simplified procedure. If you have a declaration of employment registered with the district labour office (abbreviated in Polish as PUP), you can hire a foreigner for 24 months without a work permit. 
 
What do you need to know - step by step

A declaration of employment must be registered. Prior to registration, an entity intending to hire a foreigner must pay a fee of PLN 30.

 

 

The declaration of employment is issued provided that:

  • the foreigner to be hired is a citizen of: Republic of Armenia, Republic of Belarus, Republic of Georgia, Republic of Moldova, Russian Federation or Ukraine;
  • the foreigner does not perform seasonal work;
  • the foreigner is hired for up to 24 months as specified in the submitted declaration and they will commence work not later than in 6 months from the date of the declaration;
  • the foreigner neither performs a function in the management board of a legal person (president, vice-president, management board member) nor manages the affairs of a limited partnership or a partnership limited by shares as a general partner nor act as a commercial attorney of an entity entered in the National Court Register;
  • the foreigner is not be paid less than employees performing similar work or occupying similar position. 

 

 

 

The application for registering the declaration of employment must be accompanied by:

  • a copy of an excerpt from the register if the register in which the hiring entity has been entered is not publicly available, a scanned copy of a valid identity card or valid travel document (if the hiring entity is a natural person);
  • a scanned copy/copy of all non-empty pages of a valid travel document of the foreigner concerned. If the foreigner does not reside in Poland – a copy of pages of the travel document containing personal details of the foreigner;
  • a scanned copy/copy of the proof of payment for the application;
  • a statement of clean criminal record of the employer in relation to the circumstances referred to in Article 88z(5)(1–6) of the Act on Employment Promotion and Labour Market Institutions; 
  • a power of attorney – if an attorney is involved.

 

Foreigners may take up work if they have:

  1. residence title allowing them to take up work,
    - visa-free regime,
    - visa,
    - permanent residence permit,
    - temporary residence permit,
  2. declaration of employment registered with the district labour office competent for the employer’s registered office,
    - original held by foreigner,
    - copy held by employer,
  3. written contract with employer.

 

 

 

Prior to hiring a foreigner, the employer is required to:

  1. check if the foreigner is a lawful resident;
  2. obtain a copy of a residence permit;
  3. check if the foreigner may be hired on the basis of their residence permit;
  4. register a declaration of employment with the district labour office / application for a work permit;
  5. sign a written contract with the foreigner including the terms and conditions specified in the work permit in a language understandable for the foreigner;
  6. offer the foreigner a salary which is not lower than salaries of employees performing similar work / occupying similar position.
  7. fulfil other obligations as for Polish employees, including but not limited to:
    - social and health insurance
    - income tax advances etc.

 

 

In the course of employment, the employer is required to:

  1. notify, within 7 days, the provincial governor who has issued the work permit for the foreigner of the following circumstances:
    - the foreigner has not started work (3 months from the start date of the work permit),
    - the foreigner has stayed away from work (for a period exceeding 3 months),
    - the foreigner has finished work earlier than 3 months before the expiry of the work permit;
  2. provide the provincial governor with updated information about:
    - a change of the person representing the employer,
    - a takeover or transfer of the entity in whole or in part to another employer,
    - a change of registered office or name / legal form of the employer.

 

Check also our Guide part 1 – how to hire a citizen of Ukraine? Regularisation of stay »

 

Contact

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Katarzyna Małaniuk

Attorney at law (Poland)

Associate Partner

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