If you employ foreign nationals based on a type A work permit, this information is essential. It explains when it is possible to temporarily assign an employee to a different job position—without needing to obtain a new work permit.
When can a position be changed without new work permit?
A type A work permit, allows for the temporary reassignment of an employee to a different role or job type. This is particularly relevant for businesses operating in dynamic and flexible environments. These businesses are manufacturing, logistics, or construction—where the need to reallocate staff can arise suddenly and require quick action.
However, this flexibility is limited to a total of 30 days per calendar year. Within this timeframe, a foreign employee can perform different duties without the need for a new permit. It is crucial that all conditions outlined in the original permit remain in force. Also any reassignment complies with applicable regulations.
In fast-paced industries where quick staffing changes are common, it is valuable to know that this option exists. However, employers must also ensure that all legal requirements are met to remain compliant.
Employer’s obligation to notify authorities
The employer is obliged to notify the voivode (regional governor) who issued the work permit of any such reassignment. This notification must be submitted in writing within 7 days of the employee starting the new role.
This requirement ensures transparency and oversight in the employment of foreign nationals and helps protect their rights.
The notification is particularly required when:
- foreign employee begins work of a different nature or in a different position than originally specified in the permit as outlined in Article 88f, section 1b.
Failing to provide this information can result in legal issues due to non-compliant employment practices. To avoid such problems, employers should ensure all documentation is accurate and submitted on time. This supports smooth and lawful workforce management.
Conditions for Reassigning a Foreign Employee to Another Position
Under Article 88f, section 1b, it is permissible to assign a foreign employee to a different position or job type, provided that:
- the reassignment does not exceed 30 calendar days per year,
- all other conditions stated in the original work permit and in Article 88d remain fulfilled.
Besides the time restriction, employers must also avoid breaching any other conditions agreed upon when the original permit was issued. This is crucial not only for legal compliance but also to prevent complications during potential inspections.
Check also article: work permit type a poland – common mistakes.