Some obligations of the employer employing a foreigner (part 2)
In this entry, we continue to discuss issues related to the obligations of the employer who employs a foreigner on the basis of a work permit. Previous employer responsibilities are listed here.
Further obligations of the employer are to inform the voivode, who issues the permit, about the occurrence of certain events.
What to inform about
Please inform about the following:
- the foreigner commencing work of a different nature or position other than that specified in the work permit. Such a change may occur provided that the other conditions of the work permit are met. But be very careful. Without changing the work permit, a foreigner may be entrusted with work of a different nature or in a different position only if such entrustment does not exceed a total of 30 days in a calendar year,
- the change of the seat or place of residence, name or legal form of the entity entrusting the work to a foreigner,
- takeover of the workplace or part of it by another employer,
- transition of the workplace or its part to another employer,
- the change of the person representing the foreign employer residing in the territory of the Republic of Poland and acting on behalf of the employer and authorized to represent him before the voivode and other authorities (e.g. Social Insurance Institution, the National Tax Administration authorities, Border Guard or the Police),
- the fact that the foreigner did not take up work within a period of 3 months from the initial date of validity of the work permit,
- interruption of work by a foreigner for a period exceeding 3 months,
- the foreigner ending work earlier than 3 months before the expiry of the validity of the work permit.
When and how to inform the voivode
The voivode should be informed in writing about the above events. In order for the voivode to easily assign a letter of permit, it is worth writing in the letter the number and date of issue of the permit, as well as the name and surname of the foreigner whom the information relates to. The letter to the voivode should be sent within 7 days from the date of the event justifying the provision of information.
Example: A foreigner works at company X (employer) on the basis of a work permit valid from February 1, 2019. The permit is issued for 1 year, i.e. until January 31, 2020. Then, on October 15, 2019, the foreigner stated to the employer that he no longer wants to work for him. The parties terminated the employment contract by agreement of the parties on October 31, 2019. The employer had 7 days, counted from the day following the last day of work, i.e. until November 7, 2019, to send a letter to the voivode informing that the foreigner had stopped working for him.
Consequences of non-compliance of the obligations
Failure to comply with the above obligations has various negative consequences, which will be discussed in the next entry.
The entry takes into account the legal status as of November 13, 2019.
Other articles in the FOREIGNERS category – www.adwokatagk.pl/category/cudzoziemcy/
The content published on the blog does not constitute legal advice and the law office is not responsible for their use or taking actions on their basis in individual cases, because the facts of the reader’s case may differ from the facts of the cases described on the blog. If you need individual advice, please make an appointment.