Changing Employer in Poland as a Foreign Worker — What Happens to Your Work Permit?
Are you a non-EU foreign worker in Poland thinking about changing employers? Or is your staffing agency sending you to a new workplace? This is a common situation that can have serious legal consequences if not handled correctly. In this guide, we explain what happens to your work permit or employer declaration (oświadczenie) when you change your place of employment.
Two Main Types of Work Authorisation Documents in Poland
Before discussing employer changes, let's recap the two main ways non-EU foreigners can legally work in Poland:
- Employer declaration (oświadczenie o powierzeniu pracy) — a simplified procedure available to citizens of Ukraine, Belarus, Georgia, Moldova, Armenia, and Uzbekistan. Valid for up to 24 months, issued for a specific employer and job position.
- Work permit type A — a standard document issued by the Regional Governor's Office (Urząd Wojewódzki) at the employer's request. It applies to work with a specific employer and is valid for 1–3 years.
Can You Change Employer with an Existing Work Permit?
No — both work permits and employer declarations are issued for a specific employer and cannot be transferred to another one.
A work permit (type A) specifies:
- the employer's full name and tax ID (NIP),
- the job position and type of work,
- the working time (full-time/part-time),
- the minimum salary stated in the permit.
Similarly, the employer declaration is registered at the local Labour Office for a specific employer. If you change employers without a new document, you risk working illegally — which can result in deportation and a ban from entering Poland for several years.
What to Do When Changing Employer?
Option 1: Changing Employer After Contract Ends or Is Terminated
- Your new employer must obtain a new permit or file a new employer declaration before your first day of work — not after you start, but before.
- Filing an employer declaration typically takes 2–7 working days. A work permit may take several months to process.
- While waiting for the new document, you cannot legally work for the new employer.
- Plan the transition well in advance, and don't end your contract with your current employer until the new document is in place.
Option 2: Working Through a Temporary Staffing Agency
If you work through a temporary staffing agency (like Nexflow), the situation is quite different — and much more advantageous:
- Your official employer is the agency, not the company where you are placed (the user employer).
- The agency can assign you to different workplaces without a new permit being required — as long as the agency pays your wages and you remain their employee.
- Changing the company where you are placed does not require a new work permit.
- The condition: your job position and salary must match those stated in the agency's permit or declaration.
This is one of the key advantages of working through a temporary staffing agency — you can change workplaces flexibly without risking the legality of your employment.
What About Your Temporary Residence Card (TRC)?
If you have a Temporary Residence Card (karta pobytu) issued for the purpose of working in Poland, changing employers becomes more complex:
- The residence card is typically linked to a specific work permit or employer declaration.
- Changing employer may require submitting a new residence permit application or at least amending the existing decision.
- If you have a combined residence and work permit ("single window"), changing employer always requires a new application to the Regional Governor's Office.
- Exception: if your TRC was issued for family reasons or other non-work grounds, you can freely change employers.
Key rule: if you work through a staffing agency and the agency stays the same, changing the user employer does not require updating your TRC — your employer (the agency) has not changed.
When Can You Change Employer Without a New Permit?
- You have a Permanent Residence Card — you can work for any employer without restrictions.
- You have refugee status or subsidiary protection in Poland.
- You are the spouse of a Polish citizen (and meet additional conditions).
- You hold a Karta Polaka (Polish Heritage Card) — entitles you to work without a permit.
Step-by-Step Checklist
- ✅ Check which document gives you the right to work (employer declaration, work permit type A, TRC with work rights).
- ✅ Contact your potential new employer or agency — explain your document situation.
- ✅ Confirm that the new permit or declaration will be issued before your first day of work.
- ✅ If you have a work-related TRC — check whether a change to your residence decision is needed.
- ✅ Don't terminate your contract with your current employer until the new document is ready.
- ✅ Keep copies of all documents (contract, permit, declaration, TRC).
How Nexflow Can Help
Nexflow temporary staffing agency has years of experience in the legal employment of foreign workers. As your official employer, we can:
- check the validity and scope of your current documents,
- file an employer declaration or work permit application on your behalf,
- advise on the best legalisation path when changing position or workplace,
- ensure continuous legal employment without gaps in your documentation.
Contact us before making any decisions — it can save you from costly legal mistakes.
Summary
- Work permits and employer declarations are tied to a specific employer — they cannot be transferred.
- Changing employer requires a new document issued before you start work.
- Working through a temporary agency gives flexibility — changing user employers doesn't require new documents.
- TRC holders whose card is linked to work must update their residence documents when changing direct employer.
- When in doubt — always consult your agency or a lawyer before making a decision.