Information for employers

Information on the legal status of persons with subsidiary protection status and intending to work in the territory of the Republic of Poland

The general rules for employing non-EU foreigners assume that a foreigner must also have access to the labor market (in the form of a work permit) in order to work in the territory of the Republic of Poland. There are a number of exceptions to the general rule of having a work permit under the Employment Promotion and Labor Market Institutions Act (Journal of Laws 2004 No. 99, item 1001, as amended; hereinafter the Promotion Act) and the regulations issued under the authorizations contained in the Promotion Act. One of the exceptions to the general requirement for a work permit is if the foreigner has refugee status or a person with subsidiary protection. In accordance with Article 87, paragraph 1, items. 1 and 2 of the Promotion Act, a foreigner is entitled to work in the territory of the Republic of Poland (without a work permit) if they have been granted refugee status or subsidiary protection in the Republic of Poland. Such status is granted by a decision of the Head of the Office for Foreigners and is granted to the foreigner as soon as the decision on the foreigner's application for international protection becomes final. A person who has been granted the status of refugee or subsidiary protection shall hold a Residence Card (with a note on the status held) and a foreign passport or a Polish travel document for a foreigner (in the case of a refugee - additionally a Geneva travel document). The possible lack of possession of these documents or the expiration of their expiration date does not affect the loss of status of a refugee or a person with subsidiary protection, and the foreigner does not lose the right to work in the territory of the Republic of Poland without a work permit. This means that the mere possession of the status of a person who has been granted subsidiary protection or refugee status entitles a foreigner to provide work in the Republic of Poland without any additional requirements.

Author: Anna Matsiyeuskaya