Employing Foreigners: Which Documents Require Certified Translation?

Employing foreigners is becoming an increasingly common practice in the Polish labor market. Foreign workers, especially from neighboring countries, often bring valuable skills and fill staffing gaps. However, the process of legalizing their employment involves completing a series of formalities, often including presenting certified translations of various documents. In this article, we'll examine when a work permit is needed for a foreigner and which documents may require professional translation.

Employing foreigners in Poland – general rules

Employing citizens of European Union member states, European Economic Area (EEA) countries, and Switzerland follows similar principles to employing Polish citizens – they benefit from freedom of movement for workers. However, for citizens of third countries (outside EU/EEA/Switzerland), the process is more complex and usually requires the employer to obtain an appropriate work permit for the foreigner.

There are simplified procedures for citizens of certain countries (e.g., Ukraine, Belarus, Moldova, Georgia, Armenia), who can take up work based on a declaration of intent to entrust work to a foreigner, registered at the District Labor Office. This allows work for a specified period (usually up to 24 months). For longer employment or citizens of other third countries, it's necessary to obtain a work permit of type A, B, C, D, or E, depending on the nature of employment.

When does employing a foreigner require a work permit?

A work permit for a foreigner is required when a third-country citizen is to perform work on Polish territory, including in the following cases (permit types):

• Type A: The foreigner performs work based on a contract with an entity whose headquarters or place of residence is in Poland.
• Type B: The foreigner holds a position in the management of a legal entity entered in the business register or being a capital company in organization and stays in Poland for a period exceeding 6 months in total during consecutive 12 months.
• Type C, D, E: Concern foreigners delegated to work in Poland by a foreign employer in various configurations (e.g., to a branch, as part of export service).

When is a work permit not required?

There are numerous situations where a foreigner can legally work in Poland without needing a work permit. This includes:

• Citizens of EU/EEA countries and Switzerland, as well as their family members.
• Holders of the Polish Card (Karta Polaka).
• Persons holding permanent residence permits or temporary residence permits in specific cases (e.g., for family reunification, full-time students within specified limits).
• Refugees and persons under subsidiary protection.
• Lecturers, artists (up to 30 days per year), athletes (up to 30 days), foreign media correspondents.
• As mentioned, citizens of certain countries based on a declaration of intent to entrust work.

Detailed information about exemptions from the work permit requirement can be found on voivodeship office websites or government websites.

How to obtain a work permit for a foreigner?

The employer applies for a work permit for a foreigner to the voivode competent for the employer's headquarters or the place where the foreigner will perform work. One of the key requirements is often obtaining information from the starost (so-called labor market test) about the inability to meet staffing needs in the local labor market (though there are exceptions to this requirement).

The permit is issued for a specified period, usually no longer than 3 years (with possibility of extension). The fee for issuing the permit depends on the period for which it's issued.

Which documents related to employing foreigners may require certified translation?

All documents submitted to Polish offices as part of the procedure for legalizing foreign employment must be prepared in Polish. If document originals are in a foreign language, their certified translation into Polish is necessary. This includes:

• Documents confirming the foreigner's identity and civil status:
  • Passport (pages with personal data)
  • Birth certificate (if required)
  • Marriage certificate (if required, e.g., in family reunification context)
• Documents confirming professional qualifications:
  • University degrees, school certificates, high school diplomas
  • Diploma supplements
  • Certificates, qualification certificates, professional licenses
• Documents confirming professional experience:
  • Work certificates from previous employers
  • References
• Other documents:
  • Criminal record certificate from country of origin or previous residence
  • Medical documents (in some cases)
  • Company agreements or registration documents of foreign company (in case of delegation)

It's important that the translation is performed by a sworn translator registered on the Ministry of Justice list, e.g., certified English translator, Ukrainian, Russian, or other, depending on the original language.

Where to professionally translate documents needed for employing foreigners?

The process of legalizing foreign employment can be complicated, and errors in documentation can lead to delays. That's why it's so important that translations are performed professionally and reliably.

The Sworny.com platform offers comprehensive online certified translation services, including documents necessary for employing foreigners. We work with experienced sworn translators of many languages, including Ukrainian, Russian, Belarusian, English, German, and others.

Using Sworny.com, you gain:

• Quick quotes and delivery: The entire process takes place online.
• Competitive prices: You receive offers from various translators.
• Quality guarantee: Translations are performed by authorized specialists.
• Confidentiality and data security.

To order a translation, simply send document scans through our form. It's a simple way to save time and money while ensuring the highest quality translation.