How to Hire Foreign Nationals for Manufacturing Work?

Foreign Workers in Manufacturing – Formal Requirements

In Poland, employers are increasingly looking for qualified workers among foreign nationals not just for the season but on a longer-term basis. However, hiring a foreigner involves somewhat different formal procedures than hiring a Polish citizen.

Learn more about how to hire foreigners in Poland:https://gremi-personal.com/jak-zatrudnic-cudzoziemcow-w-polsce/

In many cases, a foreign national can legally take up employment in Poland only if they hold a valid residence and work permit. The type of permit depends on the person's country of origin and the nature of the work they intend to perform.

Work Permit Type A, C, D and E

A Type A work permit is issued when the employer's registered office, branch, or workplace is located in Poland. The employer submits the application to the relevant voivodeship office. Under this permit, a foreign national may work for a maximum of 3 years.

Read our article Problems and Challenges in the Manufacturing Industry

Type C, D, and E work permits apply to foreign nationals posted to work in Poland from abroad. A Type C permit is granted when the employer has a branch in Poland, a Type D permit when there is no branch in Poland, and a Type E permit in other cases not covered by Types C and D.

Declaration of Entrusting Work to a Foreign National

This is a simplified method of hiring a foreign national, available for workers from Armenia, Belarus, Georgia, Moldova, Ukraine, and Russia. A single declaration entitles the employee to work for 24 months. To extend this period, the employer must submit a new declaration or apply for a work permit.

The declaration of entrusting work to a foreign national is submitted by the employer to the district labor office before the foreigner begins employment. The advantage of this solution is the short waiting time of 7 days and the absence of excessive formalities. The employer is required to notify the district labor office of whether the foreign national has taken up or declined employment within 7 days.

Entrusting Work to a Foreign National Based on Notification

When hiring persons of Ukrainian origin who arrived in Poland after 24 February 2022, as well as all those legally residing in Poland, this can be done on the basis of a notification of entrusting work.

Worth reading – our article What to Watch Out for When Hiring a Worker from Asia

The notification is submitted by the employer or their authorized representative to the district labor office within 14 days of the foreign national commencing work. The provisions of the special act of 12 March 2022 guarantee legal residence in Poland for Ukrainian citizens and their spouses who arrived in Poland due to the armed conflict in Ukraine. For this reason, these individuals are not required to obtain an additional residence and work permit.

A foreign national may work exclusively for the entity specified in the declaration or notification.

Legalizing Residence for Non-EU Foreign Nationals

In addition to a work permit, a foreign national from outside the European Union must also hold a valid residence permit in the country where they wish to work. This requires a biometric passport, visa, or temporary or permanent residence permit.

Worth reading – our article What to Watch Out for When Hiring a Worker from Ukraine

As of 29 January 2022, a simplified act on obtaining a unified residence and work permit for foreign nationals is in force, which significantly speeds up the completion of formalities.

Foreign Workers in Manufacturing – Employer Obligations

An employer wishing to hire a foreign national for manufacturing work must, in addition to formal matters, fulfill a number of other obligations. These include:

• verifying that the foreign national holds valid documents entitling them to reside in Poland, making a copy of the document, and keeping it for the entire duration of employment;
• checking whether the residence document also entitles the foreign national to work in Poland. It is important to note that documents such as a tourist or transit visa, one issued for transit on humanitarian grounds, due to international obligations, state interests, or in connection with temporary protection, do not entitle the holder to take up work in Poland;
• concluding a written contract, previously provided to the foreign national in their native language. The type of contract is adapted to the nature of the work performed. The employer may not conclude a contract for a specific task with a foreign national when an employment contract should be concluded, in order to reduce employment costs or circumvent the provisions of the Labour Code. Such conduct is unlawful and subject to a fine;
• ensuring the foreign national receives the minimum wage stipulated by law, whether under an employment contract or a contract of mandate;
• registering the employee within 7 days of the start date for social and health insurance and paying ZUS contributions at the appropriate level;
• fulfilling tax obligations – calculating, withholding, and remitting income tax advance payments;
• complying with the provisions of the Labour Code – a different citizenship does not justify discrimination or the disregard of certain employee rights enshrined in the Code.

Employment Agencies – The Optimal Solution for Hiring Foreign Nationals

An employer wishing to hire foreign nationals for manufacturing work must complete a range of formalities to ensure everything proceeds in accordance with the law. For many, this can be discouraging, which is why it is worth using the services of an employment agency.

Such an agency can provide professional support at every stage and a vetted list of reliable workers. It is the agency's responsibility to complete all formalities related to the legality of residence and employment and to find a candidate with the appropriate qualifications.

This gives the employer confidence that they will not face any difficulties arising from failure to fulfill certain obligations. They can also be assured that the agency will conduct the recruitment process and find an employee who meets their requirements. This saves a great deal of time and ensures a professional recruitment of staff.

This solution has a number of advantages both when the employer is looking for temporary workers and for longer-term cooperation. Employment agencies specialize in sourcing workers with various qualifications, language skills, or specific certifications, and their candidate database continues to grow.

By working with an employment agency, the employer is also relieved of all legal obligations, as the contract is signed between the worker and the agency. This also significantly simplifies the completion of all formalities and relieves the employer of tax and insurance obligations – all of which fall on the agency.

Rather than searching for workers independently, it is better to leave it to professionals who have the tools and methods to attract the best foreign workers while taking care of the interests of both parties.