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[经验分享] 最新外国人在波兰工作许可法律,,本人呕心沥血弄到的

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发表于 2008-4-13 22:17:42 | 显示全部楼层 |阅读模式
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如果你想在波兰混出点名堂,如果你想在波兰长期工作,或者经商,或者定居.那么这个法律你不得不要熟记下来!以后有问题或者万一出了问题不要说你不知道这个法律或者是没有看过,波兰政府会让你看这个(不过是波兰语)的.送给大家,希望每个人在波兰工作,经商,做学习,生活幸福! Employment of the non-EEA nationals in Poland (legal status on July 20th, 2007) I. Polish law concerning foreigners 1. Act on promotion of employment and labour market institutions of 20 April 2004 (Journal of Laws of 2004, No. 99, item 1001 with further amendments). 2. Aliens Act of 13 June 2003 (Journal of Laws of 2003, No. 128, item 1175 with further amendments). 3. Regulations issued by the Minister of Labour and Social Policy: a) of 21 July 2006 on procedure and conditions of issuing work permits for foreigners (Journal of Laws of 2006, No. 141, item 1002 with further amendments); b) of 21 July 2006 on procedure and conditions of issuing work permits for foreigners performing work within framework of export of services by the foreign employer (Journal of Laws of 2006, No. 141, item 1003 with further amendments); c) of 21 July 2006 on conditions, when the promise and work permit is issued regardless of the local labour market situation and criteria of issuing work permits for foreigners (Journal of Laws of 2006, No. 141, item 1004) d) of 30 August 2006 on performing work by foreigners without necessity of possession of the work permit (Journal of Laws of 2006, No. 156, item 1116 and of 2007, Nr. 120, item 824) e) of 10 January 2007, repealing the regulation on the scope of limitations in performing work by foreigners (Journal of Laws of 2007, No. 7, item 54) 4. Regional (issued by voivodes) Regulations on criteria of issuing promises and work permits for foreigners. [ 本帖最后由 豆豆 于 2008-4-14 03:19 编辑 ]

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 楼主| 发表于 2008-4-13 22:19:22 | 显示全部楼层
II. General rules: 1. According to the law a foreigner is a person without Polish citizenship. 2. Work permit is necessary for performing of work. Performing of work may have several forms, like employment, other remunerated works or function in the board of the legal entities, which are registered as enterpreneurs in the National Court Registrr (KRS) or companies in the process of formation. Thus, performing of work may have several forms, like: - employment/other agreement with Polish entity; - posting of an employee to Poland within framework of providing services - posting of an employee, exceeding 30 days, for other purposes than providing services; - members of an execution board of a company registered in Poland (also during organisation process). 3. As a general rule, in order to perform work in Poland legally, foreigner should have a work permit issued by a voivode (local authority). There are several categories of foreigners who are exempt from this obligation, such as: - citizens of the European Union, other countries of the European Economic Area, Switzerland and members of their families; - foreigners with a settlement permit; - foreigners granted a long-term EC resident status in Poland; - foreigners granted a long-term EC resident status in another EU country, with a temporary residence permit in Poland, issued on the base of employment - refugees, people granted temporary protection, people granted the tolerated stay status; - other foreigners released from that duty by specific regulations. 4. Before a person who needs a work permit can take up employment in Poland, the prospective employer should obtain a work permit for that person. Work permits are issued by the local authorities (voivodes). 5. The procedure of obtaining of a work permit has two stages: first a promise is issued, than a work permit. It is a work permit that allows to perform a work.
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 楼主| 发表于 2008-4-13 22:20:06 | 显示全部楼层
III. Exemplary procedure 1. The employer undertakes attempt to fill the vacancy with the Polish national or another person who does not require a work permit. In order to do so all reasonable efforts should be made1. A permit may be granted when the employer has no alternative but to employ a non-EEA national2. 2. The employer applies for a work permit to local authority (voivode). 3. The voivode examines the application taking into account the local labour market situation – through the “labour market test” (described in point 1) or – in the economic needs test, in case the labour market test is not applicable for any reason. 4. The voivode issues a promise, that proceeds the issue of a work permit. 5. The employer sends a promise to a foreigner, who applies for a visa for the purpose of work in the Polish consulate at foreigner’s place of residence. The promise should be enclosed to a visa application. 6. After arrival to Poland the foreigner is obliged to legalise his/her residence (i.e. obtain temporary residence permit if he/she intends to be here for more then the visa validity). 7. After the foreigner receives the above mentioned permit, the employer provides the voivode with the possible date of commencement of work and the voivode issues a work permit (for the period not longer than the visa or residence permit). 8. The employer signs an agreement with a foreigner for the time specified in the work permit.
[发帖际遇]: 豆豆买了一双NIKE鞋, 花了贡献11.
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 楼主| 发表于 2008-4-13 22:21:52 | 显示全部楼层
IV. Most significant categories of non-EEA nationals are not required to possess a work permit: 1. Foreign language teachers – native speakers. citizens of the U.S.A., Canada, Australia, New Zealand. 2. People who give occasionally lectures and presentations (not exceeding 30 days a year), if they have permanent residence abroad. 3. Students of the Polish universities – during the summer break – in July, August and September. 4. Students on internships arranged by international student associations. 5. Students within a framework of co-operation between Polish employment services and their partners abroad. 6. Foreign students on paid internships; 7. People posted by their foreign employers (provided that they have permanent residence abroad), for the period not exceeding 3 months, for the purpose of: - assembly, maintenance or repairs of devices, equipment etc., if the foreign employer is a manufacturer thereof; - acceptance of the goods produced by the Polish company; - assembly and disassembly of exhibition stands. 1 The prospective employer is obliged to make an announcement of a free vacancy in the labour agencies, press, internet and in the EURES (the European Employment Services network) 2 A work permit is applied for and issued to an employer as permission to employ a specific, named, non-EEA national, for a specific job, for a specific period of time. 8. People posted by the EU employer to provide services in Poland. 9. Members of the boards, if the time of their stay does not exceed 30 days a year. 10. Scientists in the research and development institutions. 11. Citizens of neighbouring countries, for the period not exceeding 90 days within 6 months. REMARKS: even though the above mentioned categories of the non-EEA nationals do not require a work permit, still they must have a visa for the purpose of work, issued by the Polish consulate. V. Difficulties which should be avoided: 1. Illegal employment (without the work permit) or other breach of the employment regulations is likely to cause one year ban on obtaining of the work permit by the employer concerned, as well as by the foreigner, who broke the law. 2. The contract should strictly reflect conditions in the work permit – as regards time, place of work. position. 3. Change of a work place requires immediate information for the voidvode. 4. In case residence procedures are prolonged after the work permit promise is received, the employer should inform the voivode. VI. Sources of information: - Voivodship Offices (Social Affairs Units) - Masovian Regional Labour Office (http://wup.mazowsze.pl/index.php?id=cudzoziemcy/cudzoziemcy) - Department of Migration, Ministry of Labour and Social Policy [ 本帖最后由 豆豆 于 2008-4-13 22:23 编辑 ]
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发表于 2008-4-14 00:53:45 | 显示全部楼层

辛苦辛苦!顶一下!

看来豆豆同志有做HR的潜质咧!
[发帖际遇]: jackyzhou在赌场爽了一把, 赢得2.
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lh198345 该用户已被删除
发表于 2008-4-14 03:10:34 | 显示全部楼层
提示: 作者被禁止或删除 内容自动屏蔽
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 楼主| 发表于 2008-4-14 03:16:44 | 显示全部楼层
这么好的贴咋没人顶啊?????;(haokeai
[发帖际遇]: 豆豆被小贼们打劫贡献478.
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 楼主| 发表于 2008-4-14 03:17:51 | 显示全部楼层
原帖由 jackyzhou 于 2008-4-14 00:53 发表 看来豆豆同志有做HR的潜质咧! [发帖际遇]: jackyzhou在赌场爽了一把, 赢得2.
啥叫HR??
[发帖际遇]: 豆豆帮助大陆公安抓贼, 获得奖金贡献500.
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发表于 2008-4-14 05:55:42 | 显示全部楼层
HUMAN RESOURCE 是也 好帖子!抬起来。 建议大家仔细阅读
[发帖际遇]: 澡堂买乐透幸运中得三等奖, 获得奖金贡献212.
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发表于 2008-4-14 22:20:20 | 显示全部楼层
全是英文的啊! 看得好累啊!
[发帖际遇]: clcl23获得医疗补助贡献500.
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发表于 2008-4-16 09:26:09 | 显示全部楼层
;(good 好东西,是否帮我们翻译中文可以吗?劳驾你了!
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发表于 2008-4-17 15:12:42 | 显示全部楼层
;(good 顶!!!!!!!!!
[发帖际遇]: adler坐公车的时候被小贼偷了一部NOKIA 8800手机, 损失贡献1107.
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发表于 2008-4-20 16:30:11 | 显示全部楼层
说的是,哪类人需要工作许可,哪类人不需要工作许可。
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发表于 2008-5-13 02:36:38 | 显示全部楼层
好帖,看来要在波兰混日子,真要好好读读,多谢啦!
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 楼主| 发表于 2008-5-13 06:05:33 | 显示全部楼层
不客气!!
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