Archiwa foreigners in Poland - Crede Experto

The legislator has provided for a special procedure for the regularisation of work in the territory of the Republic of Poland, applying for citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova and Ukraine. An employer who wants to engage a citizen of one of the above-mentioned countries may submit a declaration on entrusting work to the Labour Office. This procedure allows a quick legalisation of foreigner’s work in Poland.

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Hiring Indian nationals is becoming increasingly popular with employers. The rules on legalisation of work of third-country nationals, i.e. nationals of States outside the European Union, the European Economic Area and Switzerland, apply to the regularisation of their work in Poland.

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A foreigner who would like to work legally in Poland should have a work permit and a residence one. These are two different documents. However, a special type of temporary residence authorisation exists – temporary residence and work permit, also known as a uniform permit. It legalises both the stay and work of a foreign national in Poland.

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In many publications discussing issues related to the legalisation of foreigners’ stay in Poland, the notion “long-term resident’s EU residence permit” can be found. Then the question arises: “what is it?”. In our article, we will try to answer it. In addition, we will tell how to obtain this document.

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The method of accounting for tax on income received by foreigners in Poland depends on whether the person concerned has the status of the Polish tax resident. Foreigners with this status calculate such a tax in Poland under slightly different rules than non-residents.

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The term ″Pole’s Card″ (″Karta Polaka″) appears very often in the publications regarding the rules of legalization of the stay of foreigners in Poland. Unfortunately, these publications rarely explain the status of the person holding document in question and the entitlements connected with it. Therefore, it’s worth learning what the Pole’s Card is.

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There may always be situations resulting in a change of employer, its structure or conditions of engagement. If these modifications concern contracts concluded with foreigners working on the basis of a registered declaration on entrusting work, a work permit, a single authorisation, the following question may arise: what impact does the change have on documents legalising work in Poland? We will try to answer it in this article.

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A foreigner coming to Poland in order to work here doesn’t have a PESEL number. However, he/she should obtain it. It’s necessary to deal with many official matters and formalities in this country. Below we will explain what a PESEL number is and how to get it.

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The provisions of the Act of 20 April 2004 on employment promotion and labour market institutions (i.e. Official Journal of 2021.1100, as amended), hereinafter referred to as the Act, detail the conditions for issuing work permits. Without their fulfilment, an authorisation to work won’t be granted. However, the legislator has provided for cases where this document will be granted regardless of the conditions for issuing work permits for foreigners, determined in the Act.

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When concluding a contract of mandate with a foreigner, it should be remembered that the general principles laid down in the provisions of Polish law don’t always apply to it. Some cases require the use of the appropriate lump sum and others will be taxed in the foreigner’s country of origin. Below we will try to present you the rules of taxation of mandate contracts concluded with foreign nationals.

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The document that legalises the employment of a foreign national from outside the EU, EEA and Switzerland on the territory of the Republic of Poland is a work permit. Obtaining an authorisation requires the fulfillment of a number of formalities. We will try to briefly present you the issue of obtaining work permits.

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Humanitarian visas constitute a tool that allows applicants for international protection to stay legally in the territory of the Republic of Poland. However, persons with this type of visa have been able to work in this country without breaking the law for only a few months. Previously, the provisions didn’t allow them to be employed.

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News

2024June

SHORT-TERM AND LONG-TERM POSTING

Taking into account the length of posting, the legislation allows to distinguish two types of secondment: short-term posting and long-term one. The provisions attach different legal consequences to each of the indicated types of secondment. For this reason, it’s extremely important to understand the difference between short-term posting and long-term one.

2024May

BUAK

Germany isn’t the only country with a holiday pay fund. A similar institution operates in Austria. Its purpose is to protect the interests and holiday rights of workers in the construction sector. Due to the fact that both employees directly hired in Austria and those posted to this country are subject to the building fund, we will tell you how the Austrian holiday pay fund functions and what claims workers are entitled to.

2024May

ZORGTOESLAG

Persons living and working in the Netherlands are obliged to have health insurance in this country and to pay the appropriate contributions. If income obtained is low, it’s possible to apply for a special allowance to reduce the costs of paying for such insurance. This is the Zorgtoeslag health care allowance which constitutes the subject of our article.

2024April

DECLARATION OF POSTING TO AUSTRIA

A foreign employer sending employees to work in Austria is obliged to notify this fact to the appropriate Austrian authorities. Failure to comply with this obligation constitutes a violation of the law and may result in very serious consequences.

2024April

AMENDMENT OF THE PROVISIONS CONCERNING BTP CARDS

Every construction industry employee seconded to work in France should have the BTP Card. This document constitutes a proof of professional identity. It is also intended to counteract illegal employment in the construction industry. On 1 April 2024, a major change to the provisions concerning BTP Cards came into force. Below we will briefly explain its most important assumptions.

2024March

PIT/ZG ANNEX

A Polish tax resident is obliged to settle in Poland on all his/her income/revenue, regardles of the location of the sources of revenue. This means that the tax payer should also include income/revenue obtained abroad in the annual return. The PIT/ZG annex “Information on the amount of income/revenue from abroad and tax paid for the tax year” will be helpful in fulfilling this obligation.

2024March

TAXATION OF DIVIDENDS PAID TO A NON-RESIDENT INDIVIDUAL

Revenue from dividends paid to partners/stockholders who are individuals is subject to personal income tax. The rules for the taxation of dividends paid to Polish tax residents dont’rise doubt. On the other hand, many questions arise in the event that the dividend is to be paid to a person without tax residence in Poland.

2024February

DECLARATION ON ENTRUSTING WORK

The legislator has provided for a special procedure for the regularisation of work in the territory of the Republic of Poland, applying for citizens of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova and Ukraine. An employer who wants to engage a citizen of one of the above-mentioned countries may submit a declaration on entrusting work to the Labour Office. This procedure allows a quick legalisation of foreigner’s work in Poland.

2024February

PAY TRANSPARENCY DIRECTIVE

Equal pay for women and men, as well as pay transparency, constitute topics that have been appearing in social dialogue for a long time. Due to their importance, they are also of interest to the legislator, including the EU legislator. This interest resulted in the issuance of an extremely important legal act – the Pay Transparency Directive.

2024January

HOW TO LEGALISE THE WORK OF A THIRD-COUNTRY NATIONAL IN POLAND?

Hiring Indian nationals is becoming increasingly popular with employers. The rules on legalisation of work of third-country nationals, i.e. nationals of States outside the European Union, the European Economic Area and Switzerland, apply to the regularisation of their work in Poland.

2024January

ASSISTANCE FROM CREDE EXPERTO WITH FRENCH TAX SETTLEMENTS

The services offered by Crede Experto Tax Consulting Office include professional assistance with tax settlements in France. Indeed, our team is composed of specialist who will provide comprehensive support related to the settlement of French income tax. By contacting us, it’s possible to count not only on an expert advice, but also on dealing with the necessary formailites on behalf of the client.

2023December

DECLARATION OF POSTING OF WORKERS TO THE CZECH REPUBLIC

As in the other EU countries, there is also an obligation in the Czech Republic to notify the posting of employees to the appropriate authority. The duty in question constitutes the implementation of the provisions of Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“IMI Regulation”).

Company Advice

2024
June

SHORT-TERM AND LONG-TERM POSTING

Taking into account the length of posting, the legislation allows to distinguish two types of secondment: short-term posting and long-term one. The provisions attach different legal consequences to each of the indicated types of secondment. For this reason, it’s extremely important to understand the difference between short-term posting and long-term one.

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Magdalena Grygorowicz

Managing Director

Head of the HR and Payroll Department

Head of the HR and Payroll Department

Crede Experto