Undoubtedly the parties may decide on a term contract (for a trial period or for a definite period), subject to the limitations provided in the Labour Code. Burt then they must bear in mind that the period for which the permit is issued will depend on the period for which the employment contract is or will be concluded. And sometimes the period specified in the contract will determine the possibility of obtaining a given type of permit. Conclusion of an employment contract for a period shorter than one year will prevent the foreigner from obtaining a stay permit for the purpose of working in a profession requiring high qualifications.

Contrary to the position taken by some authorities issuing permits, the parties may also conclude not only a term contract, but also an employment contract for an indefinite period, regardless of the type of permit or the period for which the permit or visa is issued. Thus if the parties have concluded, or intend to conclude, an employment contract for an indefinite period, the authority’s refusal to issue (for example) a work permit or temporary stay permit for the purpose of performing highly qualified work should be regarded as unlawful.

This view is further supported by the regulations in the Labour Code on equal treatment and non-discrimination of employees, and by the fact that term employment contracts are limited by Polish labour law, and employment for an indefinite period is the form of employment favoured by Polish law.

This is also backed by market considerations. For positions where it is hard to find qualified workers, the offer of an employment contract for an indefinite period is a key element considered by the foreigner in choosing the employer and accepting the offer.

Magdalena Świtajska