How to Hire an Employee from Vietnam?

Vietnamese Workers – Key Information

The regulations governing the employment of workers from Asia in Poland are contained in two acts: the Act on the Promotion of Employment and Labour Market Institutions (2004) and the Act on Foreigners (2013).

In order to work in the Republic of Poland, Vietnamese workers must reside in the country legally, on the basis of a visa (but not a tourist visa!) or another residence title authorising them to take up employment. They must also hold a valid work permit or a seasonal work permit.

Vietnamese Workers – Residence Title Authorising Stay in Poland

The primary document that a worker from Asia in Poland must hold is a residence title, also referred to as a residence document. This category includes a visa or a temporary or permanent residence permit. A tourist visa does not entitle the holder to take up employment in Poland.

Work Permit and Seasonal Work Permit for a Vietnamese Worker

The document authorising the taking up of work is the work permit. It is always issued for a specific person/Vietnamese worker and for the purpose of performing work for a specific employer. Depending on the type of work, a foreigner may require one of six types of work permit.

Work Permit Type A, B, C, D, E

This is the basic work permit, for which the employer applies at the Voivodeship Office. The cost of submitting the application may range from PLN 50 to PLN 200, depending on the type of application.

A decision is issued within a maximum of 30 days, provided that the application is complete and does not require additional explanations or supplementation.

• A Vietnamese worker employed by an entity with its registered office in Poland requires a Type A work permit.
• A Vietnamese worker who will serve on the company's management board or act as a general partner or a commercial proxy requires a Type B work permit.
• A Vietnamese worker seconded to work in the Republic of Poland requires a Type C, D, or E work permit.

On the basis of a permit, a Vietnamese worker in Poland may be employed for a period of between 3 months and 3 years (optionally up to 5 years). Asian workers employed in Poland under a Type A, B, C, D, or E work permit must receive remuneration comparable to that received by Polish nationals working in the same position.

Also check out our article: "How to hire a worker from Asia?"

Work Permit Type S

This is a seasonal work permit, which allows a foreigner to work for a maximum of 9 months per year. If the employer wishes to continue working with a specific Asian employee in subsequent seasons, it is possible to apply for a multi-season permit (for a period of 3 years).

The employer applies for a Type S work permit at the District Labour Office (Powiatowy Urząd Pracy) responsible for the given workplace. A decision is issued within a maximum of 7 days, provided that the application is correct and does not require supplementation. The cost of applying for a seasonal work permit is PLN 30.

Seasonal work has been specified in the relevant regulation of the Minister of Family, Labour and Social Policy (2018).

When Is a Work Permit Not Required?

The following are exempt from the obligation to obtain a work permit:

• foreigners with refugee status,
• foreigners residing in Poland under a tolerated stay,
• foreigners holding the Karta Polaka (Polish Card),
• Vietnamese nationals who are foreign language teachers employed within the educational system,
• Vietnamese nationals who are graduates of Polish secondary schools,
• Vietnamese nationals who are full-time students or doctoral students in Poland.

What Is a Labour Market Test and Why Is It Required?

When wishing to hire a worker from a third country, including Vietnam, the employer is obliged to confirm that there are no persons available on the local labour market willing to take up employment in the given position (or that the number of such persons is insufficient).

The labour market test involves posting a job offer at the District Labour Office and obtaining information from the county head (starosta) confirming that the employer's staffing needs cannot be met locally. This information is issued within 3 weeks of the employer's job offer being made public.

The latest regulations take into account the current labour market situation and exempt employers from the obligation to carry out a labour market test with respect to shortage occupations. These include, among others: nurses, carers for the elderly and persons with disabilities, carers employed in residential care homes, and construction workers.

How to Hire an Employee from Vietnam? – Step-by-Step Guide

Workers from Asia can be legally employed in the Republic of Poland after meeting several conditions and completing the necessary formalities. Here is what the hiring process for a Vietnamese worker in Poland looks like.

1. Job position – the employer precisely defines the position for which they are seeking a worker, which determines the type of permit they must apply for.
2. Labour market test – carried out in cooperation with the District Labour Office (PUP), taking into account both national and local regulations.
3. Preparation of documents for the work permit application, along with confirmation of payment of the applicable administrative fee.
4. Submission of the application at the Voivodeship Office (work permit application) or at the District Labour Office (seasonal work permit application).
5. Compilation of documents, payment of administrative fees, and submission of the application to the relevant authority.
6. Preparation of an employment contract in two languages: Polish and a language understandable to the Vietnamese worker. Important! The employment conditions set out in the employment contract and the work permit application must be identical!
7. Commencement of work by the foreigner (if the worker is already in Poland and holds the appropriate residence title) or sending the complete set of documents to the foreigner (if the worker is still in Vietnam and will only then be applying for a visa or a temporary/permanent residence permit).

Employment Agency and Vietnamese Workers in Poland

The legal employment of a Vietnamese worker can be a considerable challenge, requiring the employer to be familiar with current regulations and to deal with a great many formalities. It is also important to verify the competences and experience of the Asian worker, which can be difficult given the language and cultural barriers.

A reputable employment agency can provide enormous support to Polish employers wishing to hire workers from Asia.

Gremi Personal employment agency offers comprehensive support to employers in sourcing candidates for work in Poland, conducting recruitment, and handling all formalities. Thanks to years of experience and a network of professional international contacts, we can offer you the services of Asian workers who have already been vetted and are ready to start work immediately.