Citizens of the European Union, the European Economic Area and Switzerland do not need work permits. In addition, entrepreneurs from these countries may delegate employees to work in Poland. Read the article to the end to find out how to hire a citizen of the EU, EEA or Switzerland.
Employment vs. posting
Holders of citizenship of one of the European Union countries enjoy a special right. This is the free movement of workers. This means that these individuals have the right to:
- take up employment without applying for a work permit,
- live in Poland for professional reasons,
- stay in Poland after the termination of the employment contract,
- be treated equally to Polish citizens with respect to working conditions, tax and social benefits.
Citizens of the European Economic Area (Iceland, Norway, Liechtenstein) and Switzerland are entitled to some of the rights of EU citizens. You can employ citizens from all these countries without applying for a work permit. If your company is based in a country belonging to the EU, EEA or Switzerland, you may send a permanent employee of your company to work in Poland.
Posting to work in Poland means that:
- you delegate employees to work in a branch or a company belonging to the same group as your company, or
- you are delegating employees under a contract concluded between your company and a service recipient operating in the territory of Poland, or
- you act as a temporary work agency and hire your employee to a company running business in Poland.
Remember that the regulations regarding posting cannot be applied to merchant navy companies, i.e. crews on merchant marine vessels and international transport, excluding cabotage transport.
How to employ an EU, EEA or Swiss citizen – Employment and posting
If you wish to employ a citizen of any EU, EEA or Swiss country directly in your company, you do so in exactly the same way as if you were employing Poland. There are no additional formalities. The employed foreigner is obliged to report his/her stay if it exceeds 3 months. This should be done in the voivodship office in accordance with the place of residence. If you delegate a foreigner to work in Poland, you must appoint a person authorized to represent your company to contact the State Labour Inspection (PIP), including sending and receiving documents or notices. The regulations do not specify the maximum period for which you may delegate an employee. Remember that a posting is temporary and cannot last indefinitely.