Labor Lawyer in Poland
Most of the appeals for legal aid in Poland are related to the appeal to a Polish labor law attorney. In most cases, the help of a labor lawyer in Poland is needed in such cases: they did not pay salaries in full or in full, the injuries at work and the perpetrator were not punished or compensation was not paid, deportation due to illegal work and more.
Legal employment and legal work in Poland is not a simple process, but it is mandatory. Also, the employer is required to have completed all the formalities for employment. Illegal employment will result in legal liability for both the employer and the employee, in the form of a fine of several monthly taxes that are paid on the employee’s salary, as well as for a foreign worker, this can threaten deportation and deprivation of the right to cross the EU border for a long period.
Documents for legal registration for work in Poland:
- invitation to work for a foreigner from a Polish employer - "Oświadczenie o powierzeniu wykonywania pracy cudzoziemcowi”;
- certificates of intention to provide work to a foreigner (simplified form of a work permit for a foreigner from an employer);
- document confirming the status of legal stay in Poland.
The employer does not have the right to demand payment from the employee in connection with the issue of a work permit for a foreigner by him or the issuance of a certificate of intent to provide work to a foreigner. The employer may ask you to provide documents confirming the legal stay of the employee in Poland. All Polish employers are required to conclude an employment contract (umowa o prace) or a civil law written contract (umowa o zlecenie or umowa o dzielo) with the employee.
Violations of labor law by foreigners:
- work without a work permit for a foreigner from a Polish employer and the status of legal stay in Poland, or without a certificate of intent to provide work to a foreigner;
- stay in Poland on the basis of a permit that does not allow work;
- work allegedly on the basis of a work permit, residence permit and work or certificate of intent to provide work to a foreigner, but at a different workplace or on other conditions than those specified in these documents.
In addition to providing a work permit for a foreigner or issuing a certificate of intent to provide work to a foreigner (if necessary), the employer must (no later than the start date of the work) conclude a written agreement with the employee in which the conditions regarding the amount of wages (wages) should be indicated, identical with those specified in the work permit for a foreigner (certificate of intent to provide work to a foreigner), as well as provide a translation of the contract in a language that is understandable to the employee. The employer is also required to provide the employee with a copy of a work permit for a foreigner or a certificate of intent to provide work to a foreigner and an agreement. It is worth photographing each signed document and contract, as if they are lost, you will have evidence of signing the contract. In addition, save information about the employer for yourself - the full name, NIP, KRS, REGON numbers, that is, everything that may be needed in court or at the State Labor Inspectorate (PIP) if the employer refuses to pay wages or occurs another labor dispute.