LEGAL EMPLOYMENT CONTROL


Border Guard Service and the State Labor Inspectorate are entitled to provide control of the legality of employment.
Border Guard Service (SG) may also conduct audit on companies and individuals employing foreigners and foreigners doing business in Poland. State Labour Inspectorate (PIP) has the right to check the legality of employment, according labor contracts.
During the legal employment control the legality of the foreigner’s stay in Poland is checked.

ILLEGAL EMPLOYMENT:
Foreigner who does not have a valid visa or other document on the basis of which he obtains the right to work in Poland
Foreigner whose document for legal stay in Poland does not provide the right to work
Foreigner who works without a work permit if it is required
Foreigner who is employed in terms or position that differ from specified in the work permit
Foreigner who is employed without signing the necessary labor contract or civil contract
The controlled legal entity is obliged to submit all documents relating to the legality of the foreigner’s employment, doing business by foreigner or foreigner’s work permits (work permit; intention to employ foreigners, labor contract or civil legal contract, documents confirming registration of legal entity and doing business) at the request of the Control authorities no later than 7 days. Type of work performed by foreigner and conditions of its implementation according to specified in the permit or certificate are also verified.
In the case of mismatches or lack of documents, the inspector may request the court to punish the responsible for violations. Labor Inspector may notify the competent authorities about violations of the law, in the case of violation of the law on foreigners, inspector notifies police and border guards.
Employer who illegally employed foreigners pays a fine over 3,000 zlotys. If the employer misleads the employee and whose actions led to the illegal work of the foreigner, pays a fine up to 10,000 zlotys.
Foreigners employed illegally are obliged to pay penalties from 1,000 to 5,000 zlotys, as well may be obliged to leave Poland or may be deported. In this case the employer carries all expenses.

 

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