Can be a dependent job in Poland
How do you find work in Poland?
In Poland you can look for work "on your own" by submitting your CV and application to selected employers, or by referring to them
- public employment services (mainly district labor offices).
In order to be able to take advantage of all job offers that are available for a district employment office, the person concerned must be registered in the district employment office as Job seeker or Unemployed to be registered.
Registration allows access to so-called "blocked" job offers, i.e. those where the information about the respective employer is only known to the employment office and is not made available on the notice board or in the employment office's IT system.
The following documents are required for registration:
- the identity card or another identity document, as well as the registration confirmation,
- Diploma, school leaving certificate or school report or a course or training certificate,
- Employment references from the entire period of employment,
- All other documents that are required to determine any authorizations.
If the EU citizen does not decide to register at the employment office, he or she can research job offers that are generally available in the employment office or on the public employment service website at: www.psz.praca.gov.pl.
- non-public Employment agencies
Each non-public employment agency should be entered in the register of companies that operate employment agencies, which is done by a Certificate issued by the Voivodeship Marshal is certified. The list of employment agencies can be found on the website of the employment information service www.psz.praca.gov.pl under the link: “Rejestr agencji zatrudnienia” [Directory of employment agencies]. The list can also be consulted at the Regional and Voivodeship Labor Office or at the Center for Information and Career Planning [Centrum Informacji i Planowania Kariery Zawodowej].
An employment agency may not charge anyone for whom it is looking for a job or whom it helps to choose the right profession or job (with the exception of the costs actually incurred in connection with the posting of workers abroad).
- Newspapers with job advertisements
Most of the daily newspapers, both national and local, have special columns with job offers. Most job advertisements can be found in the Monday editions of Gazeta Wyborcza, in its supplement “Praca” [Work], and in the Wednesday supplement “Moja Kariera” [My Career] to the newspaper “Rzeczpospolita”.
- Internet portals with job offers
You can search for job offers or post your own résumé on the Internet.
Exemplary Internet pages: http://www.praca.interia.pl, http://www.praca.gazeta.pl, http://www.pracuj.pl, http://www.praca.wp.pl, http : //www.praca.onet.pl, http://www.jobs.pl, http://www.jobpilot.pl, http://www.cvonline.pl, http://www.jobcenter.com .pl, http://monsterpolska.pl/.
You can find more information at:
www.psz.praca.gov.pl - Public Employment Service information service
www.zielonalinia.gov.pl - Information and Advice Center of the Employment Service
www.eures.praca.gov.pl - information service of the Polish EURES services
How should you write your résumé (CV) and your application?
The curriculum vitae (CV) should contain the following information:
- personal data (first name, surname, home address, contact telephone number, email),
- Work experience,
- additional qualifications,
- The following handwritten clause must be included under the curriculum vitae: Oświadczam, że wyrażam zgodę na przechowywanie i przetwarzanie moich danych osobowych, niezbędnych dla potrzeb procesu rekrutacji (zgodnie z ustawą z dnia 29 sierpnia
1997 roku o ochronie danych osobowych).
[I hereby declare that I consent to my personal data required for the recruitment process being stored and processed (in accordance with the Data Protection Act of 29 August 1997)].
If possible, the résumé should be short and to the point and include a (max. 2) white A4 sheet of paper.
The application must be accompanied by a short letter that should justify the choice of the respective job offer. The application can be more personal than the résumé. It should not go beyond a white sheet of A4 paper and should be signed by hand.
After reading the candidates' CVs and applications, the employer invites selected people to interview.
You can find some samples of CVs and applications in the information service of the Public Employment Service at www.psz.praca.gov.pl under the link "Jak przygotować się do rozmowy?" [How do you prepare for a conversation?].
On the website of the Information and Advice Center of the Employment Service http://www.zielonalinia.gov.pl, under the menu item “Poradniki Zielonej Linii” [Guide to the Green Line] you can also find practical tips on how to write your CV and application
Contracts based on which work is carried out in Poland
On January 17, 2007, the Order of the Minister of Labor and Social Affairs of January 10, 2007 was published, which repeals the order on the scope of restrictions in the field of work by foreigners on the territory of the Republic of Poland (Journal of Laws [Dz.U. ] No. 7, item 54). The ordinance abolished the compulsory work permit for foreign persons, for which - on the basis of international treaties - transitional periods applied.
In practical terms, on January 17, 2007, the citizens of: Belgium, Denmark, Germany, France, Liechtenstein, Luxembourg, the Netherlands, Norway, Austria and Switzerland were given the right to start work without a work permit. The other EU citizens acquired this right earlier, according to the contractual principle of reciprocity
This means that everyone:
1. Citizens of the member states of the European Union,
2. Citizens of the countries of the European Economic Area that are not EU countries, and
3. Citizens of states that are not contracting parties to the EEA Agreement, but who can make use of the right to free movement of persons on the basis of contracts concluded by these states with the European Community and its member countries, who are allowed to work in Poland without the they must be granted a work permit beforehand.
Citizens of Bulgaria and Romania have been able to work in Poland without restrictions since January 1st 2007, i.e. since these countries joined the EU. The citizens of Bulgaria and Romania are subject to the provisions of the Act of April 20, 2004 on Employment Promotion and Labor Market Institutions (Journal of Laws No. 99, Item 1001, as amended), according to which EU citizens are exempt from the compulsory work permit, direct application.
1. Employment contract
The basic form of employment in Poland is an employment contract. It is also the cheapest contract in terms of additional rights, so-called employee rights. All matters relating to the employment contract are regulated in the law - the Labor Code.
After the conclusion of the employment contract with a Polish employer, Polish labor laws apply to EU citizens.
The following types of employment contracts were mentioned in the Labor Code:
- on trial - Such a contract can precede any other contract, but it cannot be concluded for a period of more than 3 months,
- for a certain time - it is a fixed-term contract that is concluded for a certain period of time. The Labor Code limits the number of such contracts that can be concluded with the same employee. If two temporary employment contracts are concluded with an employee for two consecutive periods, the next employment contract is - with regard to its legal consequences - a permanent employment contract (even if it were a purely formal temporary employment contract). This consequence occurs if the period between the termination of the last fixed-term employment contract and the conclusion of a further fixed-term employment contract is less than one month,
- for the duration of the work to be carried out,
Conclusion of the employment contract
The employment contract should be concluded in writing and it should stipulate the contracting parties, the type of contract, the date of conclusion and the terms of employment and remuneration, in particular:
- Type of work,
- Time of starting work,
- Remuneration that corresponds to the type of work carried out, indicating the individual components of this remuneration,
- Working hours.
If an employment contract has not been concluded in writing, the employer must confirm to the employee in writing the agreements regarding the type of contract, contracting parties and the terms of the contract at the latest on the day the work starts.
Change of employment contract conditions
A change to the employment contract conditions must be made in writing and can:
- by mutual agreement of the parties (the employer and the employee agree that the terms of the employment contract may be changed and determine the point in time from which the change will apply),
- by the employer by giving notice that changes the terms and conditions of work and remuneration
In this case, the employee can:
- declare that they accept the terms and conditions offered; in this case, the new conditions apply after the notice period has expired,
- declare before half of the notice period that they will not accept the terms and conditions offered; in this case, the employment contract will be terminated after the notice period has expired,
- not provide any explanation of what acceptance of the new terms will mean;
and in this case new conditions apply after the notice period has expired.
Termination of the employment contract
The employment contract can:
- by mutual agreement of the parties,
- by declaration of a party in compliance with the notice period,
- by declaration by a party without observing the notice period,
- after the contract period has expired,
- on the day of termination of the work for the performance of which the contract was concluded
to be resolved.
Termination of the employment contract by mutual agreement of the parties - In this case, the employer and the employee agree that the employment contract may be terminated by the date agreed by both parties.
Dissolution of the employment contract by giving notice - the employment contract is concluded by a written declaration from the employee or the employer in compliance with the notice period dissolved.
The notice period for the employment contract for an indefinite period depends on the length of employment of the respective employee. The notice period is: 2 weeks - if the employee was employed for less than 6 months, 1 month - if the employee was employed for at least 6 months, 3 months - if the employee was employed for at least 3 years. When concluding a fixed-term employment contract for a period of more than six months, the parties can agree on the admissibility of an earlier termination of this contract with a two-week notice period.
Termination of the employment contract without notice - the employment contract is concluded by a written declaration from the employee or the employer without observing the notice period dissolved. The employer can the employment contract in this procedure only through the fault of the employee dissolve:
- if the employee has seriously violated the basic employee obligations,
- if the employee has committed a criminal act during the term of the employment contract that makes it impossible to continue to work in the previous position, if this criminal act is obvious or has been confirmed by a final judgment,
- as a result of a loss of the authorizations required to carry out his professional tasks through the employee's fault
or for reasons that were not the fault of the employee:
- if the employee is unable to work due to an illness that lasts for a certain period of time in accordance with labor law,
- in the case of an excused absence of the employee that lasts longer than a month for reasons other than illness.
The employee can terminate an employment contract without notice:
- if the doctor has determined that the activity carried out has a harmful effect on him and the employer has not entrusted him with another activity that corresponds to the health status and professional qualifications of the employee,
- if the employer has seriously violated his basic obligations towards the employee.
The working time must not exceed 8 hours a day and an average of 40 hours in an average five-day working week within a calculation period. The weekly working hours with overtime may not exceed 48 hours on average in the calculation period. The employee may work a maximum of 150 hours of overtime in a calendar year due to special operational needs. The employee is entitled to a remuneration surcharge or a non-working period for overtime.
Wages and salaries
Wages and salaries should be determined to reflect the type of work performed and the skills required to perform it, and take into account the amount and quality of work performed.
The remuneration conditions are determined on the basis of: company collective agreements and cross-company collective agreements (concluded by employers with internal trade unions), remuneration regulations (for employers who employ at least 20 employees who are not covered by any company or cross-company collective agreement) and employment contracts. Wages and salaries are due for work done. For the period in which an employee is not working, he only retains the right to remuneration if it is so regulated in legal provisions. Wages and salaries are paid at least once a month on a fixed, predetermined date.
For the purpose of wage protection, the Polish Labor Code contains a provision according to which the employee may neither waive the right to pay nor transfer this right to another person.
In Poland there is a statutory minimum wage. This is currently PLN 1,500 gross (as of January 1, 2012) for a full-time employee.
The length of vacation one full-time employee amounts in the calendar year:
- 20 days - if the employee has been employed for less than 10 years,
- 26 days - provided the employee has been employed for at least 10 years.
An employee who starts work for the first time acquires the right to vacation at the end of each working month in the calendar year in which he starts work in the amount of 1/12 of the vacation that he is entitled to after work in one year.
The vacation entitlement of a part-time workers Employee is calculated on a pro-rata basis according to this employee's working hours.
At the request of the employee, the vacation can be divided. In this case, however, at least part of the recovery time must not be shorter than 14 consecutive calendar days.
For the vacation period, the employee is entitled to remuneration in the amount that he would have received - if he had worked during this time.
Other forms of leave and leave from work
In addition to vacation leave, the Labor Code provides for the following types of vacation:
- unpaid vacation - to be granted on the employee's written request (this vacation is not included in the length of service on which the employee's entitlements are based);
- Maternity leave - an employee who has given birth to a child is entitled to maternity leave from
- 20 weeks - when giving birth to a child;
- 31 weeks - when giving birth to two children;
- 33, 35 or 37 weeks for multiple births of 3, 4, 5 or more children.
An employee has the right to additional maternity leave, which is granted to her at her request, directly after the maternity leave
- from 4 weeks - if a child is born
- from 6 weeks - for twin or multiple births.
An employee can claim part of the maternity leave as a parenting father.
For the period of maternity leave, the employee is entitled to maternity benefit in the amount of 100% of her previous wage or salary.
- Paternity leave - is due to an employee who is a father and is raising his child; paternity leave is 2 weeks and is granted on application and up to the age of 12 months by the child. During paternity leave, the father is entitled to maternity benefit.
- Parental leave - He is available to an employee for up to 3 years for the purpose of personal child care, but not longer than the child's 4th birthday; This form of parental leave is available to those employees who have been employed for at least 6 months. Parental leave can be claimed by the mother or the father who are employees; they can both be on parental leave at the same time for 3 months.
- An employee is entitled to special leave in the following cases, among others:
- in the event of the employee's marriage or the birth of their child, or in the event of the death and burial of the spouse, father, mother, stepfather, stepmother or child of the employee - 2 days,
- in the event of the marriage of the employee's child or the death and burial of his sister, brother, mother-in-law, father-in-law, grandmother, grandfather or any other person for whose maintenance the employee was responsible or who was directly under his or her tutelage - 1 day .
If the reason for the leave is marriage, birth or funeral, the employee is entitled to 100% of his wage or salary.
Documented periods of employment by EU citizens who have worked abroad for foreign employers are counted towards the employee entitlements for periods of employment in Poland.
You can find more information at:
www.mpips.gov.pl - Ministry of Labor and Social Affairs,
www.pip.gov.pl - State Labor Safety Inspectorate.
2. Contract of engagement
The order contract is a popular basis for work performance because of the freedom of design in terms of order execution, such as working time and place of work.
The provisions of the Civil Code apply to the employment contract. The order contract is a fixed-term or open-ended contract. The contractor undertakes to carry out certain work for the client. This is a so-called due diligence agreement; the contractor should exercise particular care when fulfilling the order. The contractor performs the commissioned work independently (there is no subordination relationship and no work execution under the direction of another person, which would be characteristic of the employment contract), he can also determine the date and place of the order fulfillment himself (the order contract usually only determines the End date for order fulfillment). The contract can be terminated by either party. If the contract is terminated by the client, he should reimburse the contractor for his expenses, which correspond proportionally to his previous work. If the contract is terminated by the contractor, he is obliged to compensate the customer for the damage caused by non-performance of the order.
When concluding the contract, social security and tax law provisions apply to the contractor.
3. Contract for work
The contract for work is also a fixed-term contract, based on the provisions of the Civil Code
Find application. It is a so-called result contract in which the contractor undertakes to perform a specific work and the client undertakes to pay the fee specified in the contract for work.
It should be remembered that the application of the contract of employment or the contract for the purpose of circumventing regulations on social security and employee rights is an administrative offense. Fixed working hours with a fixed scope of tasks under the supervision of the employer can be viewed by control authorities as work that is performed within the framework of an employment contract.
Recognition of professional qualifications
The recognition of professional qualifications that have been acquired in other EU countries and EFTA countries - contracting parties to the EEA Agreement, and in the Swiss Confederation is regulated in Directive 2005/36 / WE of the European Parliament and of the Council of 7 September 2005 the recognition of professional qualifications (Official Journal of the EU L 255 of 30.09.2005 p. 22 with later changes). This directive was incorporated into Polish law in the Act of March 18, 2008 on the principles of recognition of professional qualifications acquired in other Member States (Journal of Laws No. 63 with subsequent amendments) and in separate regulations for individual professions such as: doctor, dentist, midwife , Nurse veterinarian, pharmacist, architect, legal advisor and attorney, implemented.
The recognition of professional qualifications in Poland is based on:
- the sector system of qualification recognition
- the general system of qualification recognition.
1. In the sector system for the recognition of professional qualifications is a system of automatic recognition of qualifications that covers seven regulated professions - doctor (general practitioner and specialist), dentist, pharmacist, general nurse, midwife, veterinarian and architect. If the respective person has a qualification in the relevant directive (including a diploma or job title contained in Directive 2005/36 / EC), this is sufficient for their professional qualifications to be recognized and for them to be able to start their work.
2. The general system of recognition of professional qualifications is a system of recognition of qualifications for those regulated professions and activities that are not included in the sector system of recognition of professional qualifications. They are therefore not automatically recognized, but checked individually by the competent authorities in the destination country. If the differences in the respective vocational training or in the practice of the profession are fundamental, the competent authority can make the recognition of qualifications dependent on the fulfillment of one of the compensatory measures, for example an adaptation internship or an aptitude test, the so-called skill test, would have to be completed in most cases, the choice of measure rests with the applicant. The professional experience of the person applying for the recognition of qualifications is also taken into account.
The application for the recognition of professional qualifications, including the relevant attachments, must be submitted to the authority that is named as responsible for the recognition of the respective regulated profession.
If gaps are found in the documents, the competent authority asks the applicant to complete the documents. The decision on the recognition of the professional qualifications should be announced within 3 months after the submission of the complete documents. In special cases this period can be extended to 4 months.
In the course of the recognition process, the competent authority can contact the Ministry of Education and Higher Education or the education supervisory authority with a request to draw up an opinion on the respective level of education.
Providing cross-border services
EU citizens who have a profession or activity in an EU country are allowed to perform their services on the territory of another Member State in the field of the same profession or activity without their professional qualifications having to be specifically recognized. In the case of professions that have to do with public health or safety, the competent authority can check the professional qualifications of the service provider (so-called prior check).
An EU citizen who has acquired his professional qualifications in one of the EU countries and is now planning to practice his profession in Poland should first check whether this profession is on the list of professions regulated in Poland (the list is on the Website of the Ministry of Education and Higher Education at: www.nauka.gov.pl Regulated professions are those professions that are made dependent on having certain qualifications Occupation is not regulated, it is not necessary to formally recognize the professional qualifications, and the employer decides on the employment of the respective person.
A list of regulated professions and activities, the documents required to be submitted for the recognition of professional qualifications and detailed information on the recognition of professional qualifications can be found on the website of the Polish Information Center on the Recognition of Professional Qualifications at the following address: www.nauka.gov pl
Address to which correspondence is to be sent:
Ministerstwo Nauki i Szkolnictwa Wyższego [Ministry of Education and Higher Education]:
Tel .: +48 22 628 67 76
Fax: +48 22 628 35 34
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