The labor market test is the information about the local labor market. More precisely, it is to confirm the lack of polish citizens or foreigners with an access to Polish labor market that may be employed in a particular position. An employer can check this at the District Labor Office. If there are no unemployed who could work in the indicated position, the Staroste will issue the aforementioned document (the labor market test)
Fortunately, in certain circumstances foreigners are exempt from this obligation. We will try to explain the most common situations below.
The first one is when the type of a job you intend to perform for this employer is on the list of deficit occupations. These lists are published in ordinances of Voivods for specific Voivodships.
You do not need a labor market test if immediately before submitting your application, you had a work permit or a temporary residence and work permit with the same employer in the same position.
Moreover, the document is not required in case you are a graduate of a university in Poland with its registered office in its territory or in the territory of another State of the European Economic Area or the Swiss Confederation within 3 years preceding the submission of the application.
If you are a PhD student in Poland, you are also exempt from the labor market test.
If you have been staying in Poland legally and continuously for the past 3 years before submitting the application you are not required to obtain a labor market test
There is no need for the labor market test if your intended occupation is in the ordinance of the relevant labor minister regarding the situation where the work permit is issued by the Voivode without a labor market test.
You may also be exempt from the obligation to have a work permit under separate provisions.
What is more, you do not need a labor market test if you were employed by the same employer and the same position for not less than 3 months directly before submitting an application for a work permit, based on a declaration of intention to entrust work to a foreigner that has been registered by the District Labor Office. Important! During these 3 months a foreigner must work on the basis of an employment contract and possess all the documents confirming the payment of social security contributions by an employer.
In addition, if you are a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine and you intend to perform work such as caring and nursing or provide a domestic help to natural person in the household.
Fortunately, in certain circumstances foreigners are exempt from this obligation. We will try to explain the most common situations below.
The first one is when the type of a job you intend to perform for this employer is on the list of deficit occupations. These lists are published in ordinances of Voivods for specific Voivodships.
You do not need a labor market test if immediately before submitting your application, you had a work permit or a temporary residence and work permit with the same employer in the same position.
Moreover, the document is not required in case you are a graduate of a university in Poland with its registered office in its territory or in the territory of another State of the European Economic Area or the Swiss Confederation within 3 years preceding the submission of the application.
If you are a PhD student in Poland, you are also exempt from the labor market test.
If you have been staying in Poland legally and continuously for the past 3 years before submitting the application you are not required to obtain a labor market test
There is no need for the labor market test if your intended occupation is in the ordinance of the relevant labor minister regarding the situation where the work permit is issued by the Voivode without a labor market test.
You may also be exempt from the obligation to have a work permit under separate provisions.
What is more, you do not need a labor market test if you were employed by the same employer and the same position for not less than 3 months directly before submitting an application for a work permit, based on a declaration of intention to entrust work to a foreigner that has been registered by the District Labor Office. Important! During these 3 months a foreigner must work on the basis of an employment contract and possess all the documents confirming the payment of social security contributions by an employer.
In addition, if you are a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine and you intend to perform work such as caring and nursing or provide a domestic help to natural person in the household.