What Happens If You Work Illegally in Poland? Legal Consultation
Illegal work in Poland is a fairly common issue among foreign workers. According to Polish law, employment without proper authorization is considered a violation by both the worker and the employer. This can lead to serious legal consequences, including deportation, fines, and a ban on entering the European Union. Below, we will review the possible consequences of illegal work in Poland, Polish labor law, major risks, and tips for avoiding such situations.
Question
What are the legal regulations for employing foreigners in Poland?
Answer
Poland has established clear regulations for employing foreigners, governed by the Foreigners Act, the Employment Promotion Act, and other legal acts. To work legally, a foreigner must meet certain requirements and have a work permit or another document that authorizes them to perform work (such as a residence card that allows for employment). Violating these requirements entails legal responsibility for both the worker and the employer.
Possible Consequences for a Foreigner Working Illegally
Deportation and Entry Ban: The most serious consequence of illegal work in Poland is the possibility of deportation. If a foreigner is caught working illegally, they may be expelled from the country with a ban on entering Poland and other Schengen Zone countries for a certain period, typically ranging from 6 months to 5 years. Such a decision may be made immediately upon discovering the violation or after a court hearing.
Fines: Illegal work carries financial penalties. A foreigner working without a proper permit may be fined. The amount of the fine may vary depending on the circumstances, but it can reach several thousand zlotys.
Loss of Opportunities for Future Legal Employment: If a foreigner is found working illegally, this can significantly hinder their ability to obtain a legal work permit in the future. Polish authorities may refuse to issue a visa, residence permit, or employment permit to individuals who have violated the country’s labor laws.
Consequences for the Employer
- Fines and Administrative Liability: An employer who hires a foreigner without the proper authorization also risks serious penalties. Polish law provides for fines for employers who use the illegal labor of foreigners. These fines can reach several tens of thousands of zlotys, and repeated violations can result in the employer losing the right to conduct business.
- Criminal Liability: In cases where an employer systematically hires foreigners without a work permit or violates their labor rights, they may face criminal liability. This can include not only fines but also imprisonment.
- Loss of Reputation: Illegal employment of foreigners can negatively affect a company’s reputation, especially if it collaborates with international partners or plans to participate in public tenders. Violations of labor laws may impact the company’s ability to receive public contracts or cooperate with other businesses.
How to Avoid Illegal Employment: Tips from a Lawyer
To avoid the risks associated with illegal work, the following tips are recommended:
- Check Your Documents: Before taking a job, make sure you have a valid work permit or another document allowing you to work in Poland.
- Sign an Employment Contract: Always sign a written contract with your employer. This can be an employment contract or a service contract, depending on the nature of the work.
- Consult a Lawyer: If you have any doubts about the legality of your employment, consult a lawyer specializing in foreign employment issues. This can help you avoid potential problems and ensure legal residency and work in Poland.
- Check the Employer's Reputation: Before accepting a job offer, it’s worth verifying whether the employer complies with labor laws and has the appropriate permits to hire foreign workers.
Cases of Labor Rights Violations: Compensation and Recovery of Unpaid Wages
- One of the most common labor rights violations against foreigners in Poland is non-payment of wages. Foreigners working illegally or without proper protection often fall victim to employer fraud. In such cases, workers have the right to claim compensation for unpaid wages.
- To do this, one may file a claim for unpaid wages in a Polish court or contact the labor inspectorate. Depending on the circumstances, the worker may seek not only the recovery of unpaid wages but also compensation for moral damage or other losses incurred due to violations of employment conditions.
- In such cases, it is crucial to obtain the support of a labor lawyer who specializes in issues such as labor conflicts and labor disputes; labor legislation.
Legal Assistance in Protecting Workers' Rights
- Consultation on labor issues and legal assistance for employees may be necessary not only in cases of labor law violations but also to ensure the protection of one’s rights upon employment; protection of workers' rights. Polish labor law protects workers’ rights, and every employee has the right to fair wages and adherence to employment conditions.
- If you believe your rights have been violated, a lawyer or labor attorney will help you understand the situation and file a claim in court; labor law consultation.
- Timely consultation with a lawyer can help avoid complex legal proceedings and resolve conflicts amicably. In cases where a conflict cannot be resolved through negotiations, the lawyer will represent your interests in court and help achieve a fair resolution.
Illegal work in Poland has serious consequences for both the employee and the employer. Complying with Polish laws on foreign employment is a necessary condition for avoiding fines, deportation, and other sanctions. Furthermore, in cases of violations of workers' rights, such as non-payment of wages, it is important to seek legal assistance promptly to protect your interests.Obtaining professional legal consultation can help foreigners ensure legal residence in Poland and find work in compliance with all legal standards. Remember that knowing your rights and responsibilities is the key to a successful and safe stay in Poland. Legal consultation at an early stage can prevent many problems in the future.
