There are several obligation incumbent on the employer applying for a work permit for a foreigner. These include, among others:
- informing an alien about the steps undertaken to issue a work permit and other events affecting the employment relationship;
- preserving due diligence in conducting the procedure for issuing and extending the validity of the work permit;
- implementing the conditions of the contract with an alien as described in the application for a work permit;
- the contract should be concluded in writing and translated into the language understandable for a foreigner, before being signed;
- providing copies of work permits and other documents related to employment to an employee;
- informing the authority that issued the work permit about not taking up work by an alien within 3 months from the date of the beginning of the work permit validity and the completion of the work earlier than 3 months before the expiry of the work permit.
The employer is also responsible for informing the authority that issued the work permit about any changes in the foreigner’s job description.
If the employer is found to breach these obligations, he is obliged to fulfil the neglected obligations immediately, including - the payment of outstanding wages, social security contributions and advances on income tax.
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The Act on promotion of employment and labour market institutions provides penalties for employers not fulfilling the obligations incumbent on them stemming from the procedures related to the employment of a foreigner! |
Table. The penalties for the employers who are violating provisions of foreigners’ employment.
|
Offense |
Penalty |
Legal basis |
|
Illegal alien labour delegation |
A fine of up to 3 000 PLN |
Article 120, paragraph. 1 of the Act on promotion of employment and labour market institutions |
|
Causing illegal alien labour (own or someone else's company) by: |
A fine of up to 10 000 PLN |
Article 120, paragraph. 3 and 5 of the Act on promotion of employment and labour market institutions |
|
Demanding benefits in exchange for obtaining a work permit or other document authorizing the possibility of work |
A fine of up to 3 000 PLN |
Article 120, paragraph. 4 of the Act on promotion of employment and labour market institutions |
|
Refusal of employment on a job vacancy on grounds of gender, age, disability, race, religion, nationality, political beliefs, ethnic origin, religion or sexual orientation |
A fine of up to 3 000 PLN |
Article 123 of the Act on promotion of employment and labour market institutions |
