What to Watch Out for When Hiring an Employee from India?

An Employee from India Must Stay in Poland Legally!

This is a fundamental formal requirement, without which there can be no question of legally hiring an employee from India. To obtain a residence title entitling an Indian citizen to take up work in Poland, a visa is required.

Visa for an Employee from India

Visas are issued to Indian citizens who demonstrate that they have sufficient financial means to cover the costs of their stay in the Republic of Poland. The financial guarantee must allow the Indian citizen to independently cover the costs of accommodation, food, and travel in both directions.

A tourist visa does not entitle an Indian citizen to take up employment in the Republic of Poland!

Invitation for a Foreigner

An invitation for a foreigner is a document that can facilitate obtaining a visa. An invitation may be issued by a Polish citizen residing in the Republic of Poland, a foreigner holding a permanent residence permit, a resident permit, or one who has been legally and continuously residing in Poland for at least 5 years.

An invitation for an employee from India may also be issued by a legal entity or an organisational unit (without legal personality) with its registered office in the Republic of Poland. The invitation must be registered at the Voivodeship Office competent for the place of residence or registered office of the inviting party.

Read also the guides on how to hire an employee from:

• Vietnam
• Nepal

A registered invitation exempts the Indian citizen from the obligation to demonstrate financial security — the inviting party takes on the financial responsibility.

Employees from India — Work Permit

Employment in the Republic of Poland by an Indian citizen is possible on the basis of a work permit. Exceptions apply to foreigners who are in the Republic of Poland under tolerated stay, hold refugee status, hold a Karta Polaka (Polish Card), or are studying full-time in Poland.

Work Permits of Type A, B, C, D, and E

These are the five basic types of work permits, which are always issued for a specific employee and enable work at a specific company.

The application for a work permit is submitted by the employer wishing to hire an employee from India to the relevant Voivodeship Office based on the place of residence/registered office of the company. Filing the application costs between PLN 50 and PLN 200, and the permit is usually issued within 30 days (a longer waiting time for a decision may be connected with the need to provide additional explanations or supplement the documentation).

• Type A work permit — applies to employees from India hired by business entities with their registered office in Poland. When applying for a Type A work permit, it is usually necessary to first conduct a so-called "labour market test," i.e., to check whether the employer's staffing needs cannot actually be met by Polish citizens. The test involves publishing a job offer at the County Labour Office. The procedure does not need to be carried out for deficit occupations and sectors.
• Type B work permit — applies to employees from India who are to perform functions on the management board or take up positions as a general partner or commercial proxy.
• Type C, D, E work permits — issued to employees from India who are seconded to work in the Republic of Poland.

A work permit is issued for a period of up to 3 years and obliges the employer for whom the Indian citizen will work to conclude an employment contract/civil law contract and to treat all employees equally in terms of employment conditions. The remuneration of foreigners should be at the same level as that of Polish citizens working in the same positions.

It is also worth reading the article: "How to hire an employee from Asia?"

Type S Work Permit

This is a seasonal work permit, which the employer submits to the County Labour Office. Filing the application costs PLN 30, and the decision is usually issued within 7 days. Work performed under a Type S permit may last a maximum of 9 months per year.

Employers also have the option of applying for a multi-season entry if they wish to continue working with an employee from India in subsequent seasons.

Employee from India — What to Watch Out for?

By deciding to hire an employee from India, you take on responsibility for the legality of the process and the broadly understood wellbeing and safety of the foreigner. When hiring an employee from India, pay particular attention to the most important formal matters as well as, among other things, cultural differences and the integration of your team.

Formal matters.

• Analyse immigration regulations and regulations on hiring employees from third countries. If you have any questions or doubts, consult the relevant state administrative authorities.
• Verify all documents presented to you by the employee from India, checking their authenticity and validity. Carefully examine both the identity document and any certificates/specialisation credentials of the Indian employee, as well as the visa or other documents legalising the foreigner's stay in the Republic of Poland.
• Draw up the employment contract in at least two languages — in Polish and in a language understandable to the employee from India. Every employment contract or civil law contract should describe the employment conditions in detail and specify the employee's remuneration.

Cultural matters.

• Make sure that the language skills of the employee from India are sufficient for effective communication with co-workers, supervisors, and clients. If necessary, provide the Indian citizen with the necessary support to improve their language competence.
• Ensure a friendly working environment. Remember cultural differences and the need to respect them. If necessary, conduct appropriate training for the team to more effectively integrate employees from India, Poland, and other countries.
• Provide the employee from India with the necessary help and support in settling into our country and dealing with the most important matters, such as opening a bank account. You can do this personally or ask another employee for support in carrying out this task.

Hiring an Employee from India — On Your Own or Through an Agency?

The number of formalities, types of work permits, and documents that need to be verified when hiring an employee from India can be overwhelming. Moreover, the procedures related to the legalisation of residence and employment are time-consuming and carry a significant risk of making formal errors.

At Gremi Personal, we specialise in mediating between employees and employers. We have access to a wide database of workers from various parts of the world — vetted and ready to start work immediately.

By choosing to work with an agency, you gain the certainty that all formalities will be handled in accordance with applicable regulations. We can also relieve you of all HR matters even after hiring an employee from India.