At the end of last year, the State Labour Inspection Service announced that it would carry out 60,000 inspections, covering 35,000 entities. The announced inspections are a good opportunity for employers hiring foreigners to verify whether there are documents in the personnel files to confirm the legality of their stay and work in Poland.

The employer is authorized to demand documents from the foreigner that confirm the legality of their stay in Poland even before the work begins. Such documents include, for example, a passport with a valid visa or a residence decision. In addition, the employer must keep in the employee's file documents proving the legality of the work performed. This will be, for example, a work permit, a statement of assignment of work, or a notification of assignment of work to a Ukrainian citizen. In the case of employees exempted from the obligation to have a work permit, the employer should attach to the file a document that confirms the exemption, such as a copy of the diploma of graduation, a copy of the Pole’s Card or a copy of a student ID.

The employer should also make sure that the documents legalizing the stay are valid, as well as monitor the course of the residence permit proceedings pending before the Voivode. If the validity of the foreigner's residence documents has expired, the employer should ask the employee to present a stamp in the passport which will confirm that the application for a residence permit has been submitted correctly and that the application has no formal deficiencies. In the event of a State Labour Inspection Service or Border Guard inspection, a copy of the stamp in the passport will serve as a confirmation of the legality of the stay and work.

Find more in the PRO HR March 2023