Last update: 3 March, 2017

Labour market test

A foreigner may be granted a work permit for a specific employer in Poland only under condition that among the job seekers registered at the labour office there are none who would meet the job requirements.

The procedure:

  1. An employer submits notification of a vacancy to the County Labour Office. Codes and names of occupations can be found at www.praca.gov.pl;

  2. The Labour Office analyses the records of unemployed persons and job seekers;

  3. If the analysis reveals an adequate number of persons meeting the requirements in the job description, the Labour Office conducts recruitment among the unemployed and job seekers;

  4. The Labour Office compares the remuneration proposed by the employer with the remuneration that can be obtained in the same or similar position or for performance of similar work – these sums should be similar;

  5. The County Commissioner issues the relevant decision:

  • if there is no person who can be recruited from among the unemployed and job seekers – within 14 days from the date of submiting the offer to the Labour Office;

  • if recruitment among those registered at the Labour Office is possible, this period amounts to 21 days from the date of submitting the offer to the labour office;

6. Such decision issued by the  governor is passed to the employer who attaches it to an application for a work permit or pass it to a foreigner who applies for a temporary residence permit and work permit. 

Please note that exaggerated or understated job requirements in comparison with the normal scope of work to be performed in a given position by a foreigner are not taken into account during the procedure. 

Not every job requires a labour market test to be run by the Labour Office.

The labour market test is not required, for example, in the following circumstances:

  1. the work to be done is enumerated in the list of occupations which are in great demand, as provided for in the regulation of the local Voivode,

  2. the validity of the work permit is to be extended for the same foreigenr for the same job;

  3. the foreigner is a citizen of a country bordering Poland or a country with which Poland cooperates on labour migration and who intends to work as a domestic worker or a care-giver;

  4. the foreigner is a citizen of a country bordering Poland or a country with which Poland cooperates on labour migration and who, in the period immediately preceding the application, performed work for the same entity for at least 3 months on the basis of a declaration of intention to entrust a job to a foreigner;

  5. the foreigner is undertaking employment in a household.