Milewska Legal

Entities employing foreigners

The Polish market is increasingly open to workers from outside the European Union. Polish employers value their skills (e.g. in the IT sector), but often do not know where to start when it comes to hiring foreigners. As a result, it can take months or even years to complete all the formalities. At MILEWSKA Legal, we help employers with the formalities related to employing foreign nationals.

How to employ a foreign national from an EU country?

Polish employers sometimes wonder whether, when employing citizens of other EU countries, they are obliged to fulfill formalities related to permits before hiring them. There are no such requirements – hiring a foreigner from an EU country has in principle no difference from hiring a Polish citizen.

Therefore, we help employers who intend to hire a citizen of another EU country in particular by the following means:

  • Drafting and revising employment contracts / B2B contracts / management contracts
  • Preparing non-disclosure agreements (NDAs)
  • Drafting non-competition agreements
  • Preparing exclusive cooperation agreements
  • Establishing companies or their branches in Poland
  • Supporting correct execution of the recruitment and employment process for employees, collaborators or subcontractors
more

How to employ a non-EU foreigner who is not yet in Poland?

In order to reside and work legally in Poland, a foreigner from a non-EU country must have both a legal residence permit and an appropriate, valid work permit. While the application for a residence permit (i.e. the legalization of the stay only) is submitted by the foreigner himself/herself, the application for a work permit is completed and submitted by the employer who intends to employ the foreigner.

We help employers who intend to employ a foreigner who is about to come to Poland:

  • Choosing the most appropriate permit procedure (type of permit)
  • Completing the appendices required for the work permit application
  • Completing and submitting the future employee’s permit application
  • Contacting the provincial office issuing the work permit
  • Opening a branch of a foreign company in Poland or a limited liability company – if required
more

How to employ a non-EU foreigner who is already in Poland?

A foreigner residing already in Poland is likely to already have a legal residence permit in the country. In this case, it is the employer’s responsibility to complete and submit an application for a work permit (if the employee does not have a single permit, which includes both a residence permit and a work permit).

We help employers who intend to employ a foreigner already living in Poland with:

  • properly conducting the recruitment and employment process for employees, collaborators or subcontractors
  • choosing the appropriate legal form of cooperation with the employee or subcontractor
  • completing the necessary appendices to the work permit application
  • completing and submitting the permit application for a potential employee
  • contacting the provincial office issuing the work permit
  • opening a branch of a foreign company in Poland or a limited liability company – if required
more

How to employ a foreigner from Ukraine - what are the different procedures?

Due to changing regulations regarding the employment of Ukrainian citizens, the key element is the status of the potential employee (including whether he/she is already in Poland and when he/she entered Polish territory). Only then can we determine whether or not he or she is subject to the facilitated procedure for obtaining a work permit.

We help employers who intend to recruit foreign nationals from Ukraine with:

  • determining whether an employee already has documents allowing him or her to work in Poland
  • completing the formalities related to employing a person from Ukraine
  • clarifying the rights of people with UKR status
more

Scope of services

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