Due to the nature of the legal services we provide, it is relatively common for a situation to arise in which a person who is not a citizen of any of the Member States of the European Union, the European Economic Area and Switzerland, acting as President of the Management Board of a limited liability company based in Poland, previously remotely, decides to come to Poland and manage the affairs of the company locally, because its further development so requires. In such case, can the President of the Management Board come to Poland and work for the company without a work permit? Yes and no.
Yes, because if the period of work of the President of the Management Board in Poland does not exceed 6 months in 12 consecutive calendar months, a work permit for the President of the Management Board of a limited liability company is not required.
No, because if the period of work of the President of the Management Board in Poland exceeds 6 months in 12 consecutive calendar months, even by 1 day (!), a work permit is required, and the work of such President of the Management Board will be treated as performed without the required permit, and consequently deemed illegal.
Many of you might say: “after all, I am not employed under a contract of employment, I provide my services to the company solely on the basis of appointment, and even without remuneration”. Unfortunately, this is irrelevant to the assessment of the legality of the work performed, since, within the meaning of the Act on Promotion of Employment and the Act on Foreigners, the performance of work is also the performance of functions on the boards of legal entities that have been entered into the Register of Entrepreneurs of the National Court Register or are joint-stock companies in organization, therefore, among others, in a Polish limited liability company.
In view of the above, it is crucial to meticulously calculate the days of stay of the President of the Management Board in Poland, because a moment of inattention may result in unpleasant consequences for both the President and the company. You will learn about the consequences of working without the required work permit for the President and the company in subsequent articles.
PS: Please note that in addition to a work permit, the President of the Management Board of a company, regardless of how long he or she remains in Poland, needs to obtain the legal residence status each time he or she remains in Poland.
Contact us to make sure that the President of the Management Board remains and works in Poland legally!