When can work permits be issued without the starost’s opinion?
Pursuant to Article 88c sec. 3 of the Act of 20 April 2004 on employment promotion and labour market institutions, the voivode territorially competent for the main place of work execution by a foreigner issues a work permit (NB: this does not apply to a sojourn and work permit!) without the need to obtain information from the starost if the profession which the foreigner will pursue or the type of work which the foreigner will be commissioned to perform are featured in the list of professions and work types for which issuing a work permit does not require obtaining the information from a starost with regard to situation on the local labour market (including in particular the number of registered unemployed and job seekers in respective professions in relation to the number of job offers submitted to poviat job centres).
The voivode will determine the criteria for issuing job permits to foreigners in consultation with the voivodship marshal and the voivodship labour market board.
There are significant differences in terms of labour market conditions between respective voivodships; the lists of professions also vary to a large extent. Current information on the criteria established for respective voivodships can be found in Voivodship Official Journals.
For example, in the Mazovian Voivodship the list of professions and job types for which issuing a work permit does not require obtaining the information from a starost (labour market study) is specified in Ordinance no. 14 of the Mazovian Voivode date 30 June 2009 on the criteria for issuing work permits for foreigners within the territory of the Mazovian Voivodship.
List of professions and job types
This means that an employer filling in the application for issuing a work permit is not required to file an announcement of a vacancy with the Poviat Job Centre but should only quote the legal basis for issuing the work permit without the starost’s opinion in the application for issuing the work permit. More information on this issue can be found under: Legal work.