When is a foreigner entitled to work in the territory of the Republic of Poland without a work permit?

The work permit is not required for, inter alia, the citizens of EU/EEA countries and their family members, holders of permanent residence cards, holders of the Pole’s Card and foreigners seeking protection in Poland. A detailed list of exemptions from the need to obtain a work permit can be found on the https://psz.praca.gov.pl/dla-pracodawcow-i-przedsiebiorcow/zatrudnianie-cudzoziemcow/praca-bez-zezwolenia website.

Among foreigners whose residence status is related to the search for protection in Poland, a foreigner may work without a permit if they:

• have a refugee status,
• have been granted subsidiary protection,
• have a residence permit for humanitarian reasons,
• have a permit for tolerated stay in the Republic of Poland,
• make use of temporary protection in the Republic of Poland,
• have a valid certificate that the case concerning the granting of international protection has not been concluded within 6 months and the delay is not attributable to the applicant.

Such foreigners (with the exception of foreigners having the certificate indicated in the last point) may also benefit from the labour market support system.

The prerequisite for receiving comprehensive assistance from a district labour office (PUP) with regard to professional activation and taking up employment is the registration of a foreigner as an unemployed person. In Poland, there are 340 district labour offices, where it is possible to register due to the place of registration or residence.

Important! A person evacuated from the Islamic Republic of Afghanistan will be able to register with a district labour office as an unemployed person after obtaining:

• refugee status;
• subsidiary protection;
• residence permit for humanitarian reasons;
• permit for tolerated stay;
• temporary protection (if the EU launches this procedure).

This does not exclude the possibility of obtaining the status of an unemployed person in other cases specified in the Act. Details can be found here: https://psz.praca.gov.pl/dla-bezrobotnych-i-poszukujacych-pracy/dla-cudzoziemcow/prawa-i-obowiazki-cudzoziemcow.

Registration with the labour office – and what next?

After registration with the labour office, an unemployed foreigner may be covered by labour market services and instruments on the same conditions as a Polish citizen. They are also subject to health insurance, which gives them an opportunity to use healthcare for free.

During the period of registration with PUP, a foreigner is supervised by a designated employee acting as a customer advisor. This employee conducts an interview in order to determine the current professional and social situation of a foreigner, their predispositions and needs, as well as the possibility of taking up employment or other paid work. An unemployed person is also provided with information on the possibility of recognising their qualifications and education, as well as the requirements for taking up work in a given profession.

If the assistance in professional activation and taking up employment is to be as effective as possible, the customer advisor – in consultation with a foreigner – prepares an Individual Action Plan (IPD).

Individual Action Plan – what is it?

The Individual Action Plan contains, first of all, actions to be taken to introduce a foreigner into the Polish labour market. These can include, inter alia:

• Assistance of a career counselor – mainly in the form of individual career advice. A career counselor helps in assessing professional opportunities, provides information on the situation in the labour market in Poland and indicates how to use information about the labour market. They can also help in making new professional decisions, e.g. those regarding the acquisition of new qualifications or the direction of looking for employment or self-employment.
• Forms of support implemented and financed by PUP:
  • Polish language courses and vocational training to supplement, acquire or update professional qualifications. During the training course, a foreigner is entitled to receive a training scholarship in the amount of up to PLN 1,489 per month.
  • Internship – if it is necessary to gain professional experience (during the internship, a foreigner is entitled to receive an internship scholarship in the amount of PLN 1,489 per month).
  • Subsidy for setting up a business in case of making a decision to be self-employed.
  • Employment subsidised from the Labour Fund (e.g. as part of intervention work).
  • A special programme containing specific elements to support employment.
  • Preparation of professional application documents with the support of a customer advisor.
  • Job placement: presentation of job offers, establishing contact with employers, referring to vacancies.

After establishing the Individual Action Plan, the planned activities are implemented in accordance with their schedule. IPD ends with taking up a job or setting up a business.

During providing assistance in professional activation, the district labour office cooperates with other institutions supporting foreigners in Poland. These are, mainly, the District Family Assistance Centre, the Office for Foreigners, translators of foreign languages and non-governmental organisations dealing with assistance to foreigners. This cooperation is one of the prerequisites for effective professional activation and integration of foreigners in the Polish labour market.