Why an Employment Contract Alone Is Not Enough

Coming to Poland for work is a big step that involves many formalities. If you are a foreigner and have just found a job or are planning to look for one, this article is for you. It is crucial to understand that a contract with an employer alone does not guarantee that your employment is legal.

Unfortunately, it often happens that an employer hands over a contract, assuring that “everything is fine,” when in reality, key documents are missing. Such a situation, often unknowingly, puts you in the position of working illegally, which can lead to serious consequences – for both you and your employer.

Key Principle: Legal Residence Is Not the Same as Legal Work

The most important thing you need to remember is the distinction between the right to stay and the right to work. Having a valid visa, residence card, or using the visa-free regime only legalizes your presence on the territory of Poland. It does not automatically grant you the right to take up employment. These are two separate sets of permits that must be in order for your situation to be fully regulated.

The Three Pillars of Legal Employment

For your work in Poland to be 100% legal, you must take care of three fundamental elements. Treat them as a solid foundation for your career in this country.

1. A Document That Gives You the Right to Work

The first and most important pillar is having a document that directly entitles you to perform work. Depending on your citizenship and situation, it will be one of the following permits:

• Declaration on entrusting work to a foreigner (Oświadczenie o powierzeniu wykonywania pracy cudzoziemcowi): This is the most popular form, mainly used for citizens of Ukraine, Belarus, Moldova, Georgia, and Armenia. The employer registers it at the District Labour Office (Powiatowy Urząd Pracy), and the document is valid for a maximum of 24 months. Remember to always ask for a copy of this document!

• Work permit (Zezwolenie na pracę): Required for citizens of most non-EU countries. It is issued by the voivode (provincial governor) for a period of 3 months to 3 years. There are several types of permits (A, B, C, D, E), depending on the nature of your work.

• Residence and work permit (the so-called single permit – Zezwolenie na pobyt i pracę): This is a 2-in-1 solution that combines the right to stay with the right to work. It is very convenient, but remember that it entitles you to work only for the employer indicated in the decision.

2. A Signed Contract with the Employer

The golden rule is: never start work without a signed contract. Don’t be fooled by promises that “the contract will be ready tomorrow,” “the accountant is preparing it,” or “you’ll work on a trial basis first, and then we’ll see.” This is a direct path to working illegally (“na czarno”). The contract is your security and proof of the terms of employment. The most advantageous form is an employment contract (umowa o pracę), which guarantees full employee rights. A mandate contract (umowa zlecenie) and a contract for a specific task (umowa o dzieło) are also popular, although the latter is only permissible in specific cases. Make sure the contract is drawn up in a language you understand or that you have received a reliable translation of it.

3. Registration for Social Security (ZUS)

The third pillar is your social security. The employer has 7 days from your start date to register you with the Social Insurance Institution (ZUS). The confirmation of this is the ZUS P ZUA form. Ask your employer for a copy of it. This ensures that you have health insurance, your pension contributions are being paid, and you are protected in case of a workplace accident.

How to Independently Verify if You Are Working Legally

Do not rely solely on the employer’s verbal assurances. The legality of your employment is your responsibility.

Before starting work, make sure the employer has prepared a declaration or work permit for you (check that your name is on it!) and a contract ready for signing. Categorically refuse to work “on a trial basis” without a contract or any verbal agreements.

In your first week of work, it is your right to ask for copies of key documents. Check if your first and last name on the declaration/permit match, if the dates are current, and if the position corresponds to the one you actually hold. Also, ask for a copy of the ZUS registration to confirm that the process has been completed.

The Most Common Traps to Watch Out For

Many foreigners fall into the same traps. Here’s how to avoid them:

• “I have a contract, so everything is fine.” This is a myth! A contract alone without the appropriate work permit means you are working illegally.

• “The employer said they took care of everything.” Always check and verify. Asking for copies of documents is not a lack of trust, but taking care of your legal security.

• “Start working, we’ll sort out the documents later.” Never agree to this. This is a classic method used in illegal employment. Formalities must be completed before the first day of work.

• “You have a residence card, so you can work.” Not necessarily. Check if the decision or the card itself has the annotation “access to the labour market” (“dostęp do rynku pracy”). If it doesn’t, you need an additional permit.

Consequences of Illegal Work

The risk is too great to ignore. In the event of an inspection, both parties face consequences.

For you as an employee, illegal work can mean a fine of up to PLN 5,000, a return decision (deportation), and an entry ban to Schengen Area countries for up to 5 years.

For the employer, the fine can range from PLN 3,000 to PLN 30,000, and in some cases, they may even face criminal liability.

Summary and a Golden Tip at the End

Your legal work in Poland is based on a valid residence document, an appropriate work permit, a signed contract, and registration with ZUS. Remember to always ask for copies of these documents and verify their correctness.

If you have any doubts, you can seek free help from the National Labour Inspectorate (Państwowa Inspekcja Pracy) (advice on labour law) or obtain information from the Voivodeship Office (Urząd Wojewódzki) (permits) and the District Labour Office (Powiatowy Urząd Pracy) (declarations).

Finally, the most important advice: it is better to turn down a job offer that raises doubts than to risk losing the ability to stay and work in the entire European Union for many years. There are many honest employers in Poland who abide by the law. Look for them.