Some obligations of the employer employing a foreigner (part 1)
Employment based on a work permit
This entry is the first of several dedicated to employer obligations. These obligations are imposed on the employer employing a foreigner on the basis of a work permit.
What does the employer declare?
When employing foreigners, employers submit numerous declarations and assurances to offices. Nobody reads most of these declarations. Thus, employers often sign such declarations, not fully aware of what exactly they sign, what they commit to and what they declare.
One of such declarations is the assurance that the employer is familiar with the provisions governing the employment of foreigners. But is it really the case? Has every employer submitting an application for a work permit for a foreigner really familiarized himself with all regulations? Has he memorized and understood them?
Basic obligations of the employer
- The actual conditions of employment indicated in the employment contract must comply with the working conditions specified in the obtained work permit.
- The employer is obliged to update the amount of remuneration for work in accordance with applicable law. In practice, if the foreigner receives a minimum wage for work, then this remuneration should be updated, as for any other employee.
- An employment contract with a foreigner should be concluded in writing. Before signing the contract, the foreigner must receive a translation of the contract into a language that is understood by him.
- When issuing a work permit, the voivode shall provide the employer with two original copies. The employer must give one copy to the employee.
- Another obligation of the employer is to inform the foreigner about actions taken in connection with the procedure for granting (extending) the work permit, the content of the decision or revoking the work permit.
- The employer should exercise due diligence in proceedings for authorization, extension and revocation of a work permit for a foreigner.
- The employer should provide documents confirming the fulfilment of the above obligations to specific authorities. Most often, the authorities to whom document should be shared are: the local Social Insurance Institution, the National Labour Inspectorate authorities, the National Tax Administration authorities, the Border Guard, the Police, consul or voivode other than the one who issued a work permit. Access is granted at the request of the designated authorities.
Further obligations of the employer
In the next entry, we will discuss further obligations of the employer towards foreigners. However, in addition to the obligations arising from the special provisions referred to, among others, in this entry, the employer may not forget about the basic obligations arising from the provisions of law governing the employment.
The entry takes into account the legal status as of October 18, 2019.
Other articles in the FOREIGNERS category – www.adwokatagk.pl/category/cudzoziemcy/