The foreigner’s employment involves preparing and submitting appropriate applications on the basis of which the so-called market test must be carried out. It aims to determine whether there is a possibility to meet the staff needs of your company, whether Polish unemployed or jobseekers. Depending on the outcome of the market test, it will depend on your ability to employ a foreigner.
When you can hire a foreigner
You can hire a foreigner if there are no registered unemployed or jobseekers you can hire in the local labour market. This is because Polish unemployed or jobseekers have priority of employment over foreigners.
To this end, a so-called labour market test is carried out, in which officials will verify that there is no qualified person among those registered at the office who can take up work with you. If such a person is not found, the old man will release information about the inability to meet your company’s staff needs on the local market.
Information on the local labour market – how long is it important?
The governor’s information must be issued not earlier than 180 days before the application for a work permit or a seasonal work permit is submitted. In cases justified by the old man, that period shall be reduced to 90 days prior to the submission of the application.
When is the labour market test not necessary?
A labour market test does not need to be carried out in cases where:
- the work to be carried out by the foreigner is included in the list of deficit professions published in the regulation by the voivode responsible for the main place of work by the foreigner,
- the profession to be performed by the foreigner is attached to the Regulation of the Minister of Labour and Social Policy (including doctors, nurses, programmers, database designers, guardians of the elderly, masons, painters, locksmiths, bus drivers),
- care and care work or as domestic assistance (for citizens: Armenia, Belarus, Georgia, Moldova or Ukraine),
- it is a job as a sports coach, athlete, dentist, or doctor who is training or implementing a specialization programme,
- the foreigner is authorised to represent the foreign entrepreneur in his branch or representation located in Poland,
- the foreigner is a relative of a diplomatic employee or an employee of a branch of an international organization in Poland or works as a private domestic service with such employees,
- the foreigner is a PhD student at one of the Polish universities or in the last 3 years he has graduated from a university in Poland, the European Union, Switzerland, Norway, Iceland or Liechtenstein,
- the foreigner lived continuously in Poland for 3 years before submitting the application,
- the foreigner in the period immediately prior to the submission of the application for a work permit was employed for a period of not less than 3 months with the same employer and in the same post.