The Polish IT market has become a global market. Specialists from the Vistula are increasingly looking for work on European markets such as Sweden, Norway, the UK or Ireland, and their places are being replaced by programmers from our eastern border, mainly from Ukraine. So how can you legally start working with an IT specialist from the East?

According to research by McKinsey, 87% of companies already experience a talent shortage. These shortages are particularly noticeable in the IT sector. It is estimated that this shortage will only increase in the coming years. Currently, there is a shortage of almost 50,000 IT specialists in Poland.

How to legally hire a programmer – a foreigner?

In order for a programmer from abroad to work in Poland, he or she must obtain a work permit. Citizens of Russia, Ukraine, Belarus, Moldova and Georgia do not need to apply for one, as they are in Poland on the basis of a special statement that the Polish employer reports to the employment office.

It is worth remembering that in the IT industry, all forms of employment are used, such as:

B2B contract – the most preferred solution.

Contract for services or contract for work – used when the programmer does not run a business.

Employment contract – the least used solution.

B2B contract and legalization of work for a foreigner

This form of cooperation generates the least number of problems because both parties are treated as separate organizations. Therefore, if you want to cooperate with a foreigner on the basis of a B2B contract and he or she runs a business in his or her own country, you do not have to worry about additional formalities. The programmer does not have to apply for a work permit in Poland.

What work permit in Poland for a programmer?

However, if the programmer you are planning to hire does not run a business, you should consider hiring him or her on the basis of a contract for services, contract for work or employment contract. In this case, you will need to apply for a work permit for the foreigner. The work permit can be issued for a maximum of 3 years and can be extended.

What work permit in Poland for a programmer?

However, if the programmer you are planning to hire does not run a business, you should consider hiring him or her on the basis of a contract for services, contract for work or employment contract. In this case, you as an employer will need to apply for a type A or type B work permit.

Type A work permit – if the foreigner will work in Poland based on a contract with a company whose headquarters or place of residence, or branch, plant or other form of organized activity is located in Poland.

Type B work permit – if the foreigner will work as a member of the management of a legal entity entered in the entrepreneurs’ register or a joint-stock company in the organization or in connection with the management of a limited partnership, limited joint-stock partnership or in connection with granting him a power of attorney for a period exceeding 6 months in total within consecutive 12 months.

It is worth remembering that type A and type B work permits are issued for a fixed period of time. In the case of a type A permit, it cannot be longer than 3 years. In the case of type B, it is 5 years. As an employer, you should apply to the voivode’s office.