Declaration on entrusting work to a foreigner

The declaration on entrusting work to a foreigner (oświadczenie o powierzeniu wykonywania pracy cudzoziemcowi) is a simplified procedure for legalising employment which, in certain cases, allows an employee to be hired without a work permit.

Who is it for?

The procedure applies to citizens of: Ukraine, Belarus, Moldova, Armenia.

Whether it can be used depends on the foreigner's individual situation, the type of work and the applicable regulations.

What should you know?

The declaration can be entered in the register for a period of up to 24 months. The procedure applies to non-seasonal work. The foreigner must also have a valid basis for legal residence in Poland.

Scope of our help

• Checking whether employment on the basis of a declaration is possible.
• Preparing the required documentation.
• Completing and submitting the declaration via the praca.gov.pl system.
• Monitoring the procedure of entry in the register.
• Help with reports related to the start of work or failure to start work.
• Advice on the employer's obligations.

How the procedure works, step by step

• Checking whether the employee and the position qualify for the declaration procedure.
• Submitting the declaration electronically via praca.gov.pl to the district labour office (powiatowy urząd pracy) competent for the employer's registered office.
• Entry of the declaration in the register by the labour office.
• The foreigner obtaining an appropriate basis of stay, e.g. a visa, if they do not have one yet.
• Starting work and reporting the start of work (7 days) or failure to start work (14 days) to the labour office.

Official fee

The fee for entering the declaration in the register is 400 zł and is not included in the price of our services.

Employer's obligations after the declaration is entered

• Inform the district labour office in writing that the foreigner has started work — within 7 days of the start of work.
• Inform the office that the foreigner has not started work — within 14 days of the start date stated in the register.
• Inform the office if the foreigner does not start work or ends it before the date stated in the declaration — the declaration then expires by operation of law.
• Before entrusting work, submit a copy of the contract signed with the foreigner via praca.gov.pl.
• Inform the foreigner of their right to join trade unions.
• Sign the contract on the terms set out in the declaration, having first given the foreigner a translation into a language they understand.
• Comply with all employer obligations — the same as towards Polish employees — and keep a copy of the foreigner's residence document.

Note: failure to report that the foreigner has started or has not started work is punishable by a fine.