Currently, we can observe in Poland a much larger influx of foreign workers than before. Some of them are, of course, people who come to our country initially for purely tourist reasons and then look for work on their own, but more and more often the employees providing work on Polish territory are those who have been delegated by foreign companies with branches in Poland or otherwise cooperating with Polish companies. Thus, the very fact of secondment is evidence of the transfer of an employee by a foreign company to temporarily provide work for an entrepreneur based in Poland.
This article aims to present the practical aspects of applying for a type C work permit through the praca.gov.pl platform.
Currently, we can observe in Poland a much larger influx of foreign workers than before. Some of them are, of course, people who come to our country initially for purely tourist reasons and then look for work on their own, but more and more often the employees providing work on Polish territory are those who have been delegated by foreign companies with branches in Poland or otherwise cooperating with Polish companies. Thus, the very fact of secondment is evidence of the transfer of an employee by a foreign company to temporarily provide work for an entrepreneur based in Poland
Secondment usually takes place on the basis of an agreement between a foreign and Polish company, as a result of which the foreign employer signs a so-called “secondment agreement” with the employee
Consequently, it is up to the employer – the foreign company (the posting employer) – to ensure the legality of both stay and work in Poland for the posted employee. For this to happen, the foreign employer must first apply to the Polish authorities for a type C work permit (to work), and then on the basis of the permit obtained, the employee will be granted a visa in his country to enter and stay in the territory of Poland
It is therefore up to the foreign employer to apply for a type C work permit, which is precisely for expatriate employees. Significantly, neither the employee nor the domestic employer (i.e., the entrepreneur to whose company the employee is seconded.) It is worth emphasizing already at this point that the application for a type C work permit has been structured in such a way that the domestic employer could only apply for a type A work permit, while it is not a suitable application for seconded employees. If a domestic employer wishes to apply for a Type C work permit, this option is not selectable in the application (blocked option).
We recommend that you pay special attention to the following when filling out an application for a Type C work permit:
- An application for a type C work permit is an application submitted by a foreign employer who delegates an employee to work in Poland. This application can be submitted either in person at the Provincial Office in the Department for Foreigners (the competent office is the one for the seat of the entity to which the employee has been delegated), or through the praca.gov.pl system. (Note: filling out the application electronically does not deprive you of the possibility of sending part of the documents in paper form);
- In practice, we recommend that the person representing the foreign entity be supported by a proxy who speaks Polish, as the application form has been constructed only in Polish. If the applicant is a proxy, it is necessary to remember each time to change the context (a term that appears on the labor.gov.pl platform) in order for the application to be completed on behalf of the foreign company.
- Special attention should be paid to the annexes.
The full list of necessary documents can be found on the websites of the Provincial Offices, however, please note that:
- The declaration of no criminal record must be completed by the foreign employer (it is not possible for an attorney to complete this declaration). If you apply electronically, it is safest to send such a statement by regular mail (original or certified copy);
- Be sure to include a power of attorney (as an “other” document – we also recommend sending it traditionally by mail);
- Be sure to include the basis of the agreement between the foreign employer and the entity in the territory of Poland to which the foreigner is seconded, as well as the secondment agreement concluded with the employee;
- Confirmation of payment of the fee of PLN 100 – the fee should be paid by the delegating entity (and therefore by the foreign employer) – the fact that the fee is paid by an entity in the territory of Poland is often the reason for a call to supplement formal deficiencies.
When filling out an application electronically, we recommend attaching attachments first, as uploading them often locks up the system and extends the application time significantly.
- Please note that receipt of documents through the praca.gov.pl platform is done with a qualified signature, or a trusted signature. It is not possible to submit applications without having his of these signatures. As a rule, information about incoming letters should appear in the email inbox (provided when creating an account on the praca.gov.pl platform), however, we recommend self-verification in the system, as there are often situations where notifications land in spam or are not sent at all. Importantly, a letter is considered delivered 14 days after the letter is received in the inbox (on the praca.gov.pl platform). In the case of any formal deficiencies, the Office usually sets a deadline of 14 or 21 days for completion.
The procedure for obtaining a Type C work permit currently takes up to several months.
These are just some of the various issues you should pay special attention to when filling out an application for a type C work permit. If you have any doubts about this type of permit – feel free to contact us.
