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FAQs and PE Warsaw's replies








ON ASSISTANCE-TO-NATIONALS SERVICES



If I need emergency assistance from the Embassy, what should I do?
  • If you are in physical danger or require immediate medical assistance, the best thing to do is to call emergency services by dialing 112 on your mobile phone. Once you have secured your safety and/or your physical well-being and you still require the Embassy’s assistance, dial 694 736 488 and the Embassy’s Duty Officer will attend to your concerns.
  • The Embassy’s emergency hotline for Filipinos as well as the name of the Duty Officer manning the hotline is also posted on the Embassy’s website (warsawpe.dfa.gov.ph) and facebook page (@PHLinPoland)
If my visa has expired and I want to return to the Philippines, how can the Embassy help me?
  • If your tourist visa or residence card has expired, this means you no longer have permission to stay in Poland and should return to the Philippines.
  • If you have a valid return ticket to the Philippines and your passport is still valid, you may proceed directly to the airport. Please note that the immigration authorities may impose a penalty on you, in the form of an immigration ban for a minimum of six months, a penalty fee or both.
  • If you have no means of going back to the Philippines and your passport is expired, contact or visit the Embassy as soon as possible.
If my tourist visa is expired, and I still need time to look for work, what should I do?
  • Please remember that in order for non-EU citizens/third-country nationals to work in Poland or any part of the Schengen area, a work visa and a work permit are required. Tourists are not allowed to work and will be penalized if found working illegally.
  • If you wish to work legally in Poland/Estonia/Latvia/Lithuania, you should return to the Philippines and process your employment contract with the Philippine Overseas Employment Administration as per existing procedures and regulations.
What do I do if I get arrested by police authorities?
  • Under the Vienna Convention on Consular Relations, a citizen of the Philippines who has been detained/arrested by police authorities in Poland/Estonia/Latvia/Lithuania may request these authorities to inform the Embassy of your situation.
  • Once you have done so and the Embassy has been informed, the Embassy can request to visit you so that Embassy representatives can determine the kind of assistance that can be provided to you.
What do I do if I am experiencing violence in my work place/home?
  • Leave your work place/home and seek the help of the police. If you are unable to leave, seek the help of people around you or if you have your phone dial 112 and seek help from the police/emergency services.
  • Once you have secured your safety and well-being, please get in touch with the Embassy through our emergency hotline 694 736 488 so we may be able to provide you with the appropriate assistance.
What do I do if I have an issue with my employer?
  • Please visit the Embassy and bring your passport and necessary documents to prove your employment relationship with your employer, such as your employment contract, work permit, pay slips, among others. The ATN officer will ask you to fill out an ATN form where you will be asked to write about your concerns.
  • The ATN Officer will ask questions and recommend a course of action based on the information provided. Please note that the recommended course of action requires the concurrence of the complaining party, especially if this entails getting in touch with the employer and/or endorsing the matter to the concerned Polish authorities.
What should I do if my employer informs me that my employment will be terminated?
  • If you are faced with this situation, seek clarification from your employer about the reason for the termination of your employment then visit the Embassy and make sure to provide your employment documents to Embassy representatives so that the appropriate advice could be given to you.
  • As a rule, your employer must have a valid reason for terminating the employment contract. The employer is not required to give a notice of termination if the employee has committed a severe violation of his/her duties or of company policy, has committed an offence that prevents the employee from working or is no longer able to work as a result of illness (if the illness has gone on longer than the period provided for sickness benefit and the grant of rehabilitation allowance).
  • The employer is required to give notice if none of the above conditions are met.
  • The employment agreement can be terminated by notice given by each party. The termination notice period depends on the period of employment. Notice periods for definite and indefinite period agreements are:
    • 2 weeks if the employee was employed for less than 6 months
    • 1 month if the employee was employed for at least 6 months
    • 3 months if the employee was employed for at least 3 years
  • An employee should continue working for his/her employer while the notice period is in force. He/she is entitled to remuneration/salary as provided for in the employment contract.
  • In case of agreement for indefinite period, the employer’s notice of termination should state the reason justifying the termination. The law in Poland does not provide the list of possible reasons, but according to Polish law and jurisprudence, the reason should be real, concrete and understandable to the employee.
  • In case of agreements for trial period, the periods of termination notice are:
    • 3 business days if the trial period does not exceed 2 weeks
    • 1 week if the trial period is longer than 2 weeks
    • 2 weeks if the trial period is 3 months





EMPLOYMENT AND RESIDENCE


What documents do I need to work in Poland/Estonia/Latvia/Lithuania?

  • You must be in possession of a work visa or residence permit and a work permit in order to work legally in these countries.
  • Please note that initially, it is the employer who applies for a work permit from the relevant authorities. Thereafter, the permission to work is incorporated in the residence permit, as is the case for Poland.
How do I apply for a residence permit/karta pobytu in Poland?

  • A Filipino planning to stay in Poland for a period longer than 3 months may apply for a temporary residence permit in Poland. In order to obtain a temporary residence permit, a Filipino has to present documented grounds for their stay in Poland, such as a work permit/endorsement from employer, proof of marriage to a Polish national and proof of continuation of studies in Poland.
  • A temporary residence permit is granted for a maximum period of 3 years. However, the validity period of the permit may be shorter if a shorter stay is justified, depending on the basis for application.
  • Application for temporary residence permit takes place at the Office for Foreigners of the Voivodeship Office in the Voivodeship where the foreigner resides.
  • For reference, please refer to the following information from the website of the Mazowieckie Region (which covers the capital city of Warsaw): or http://mazowieckie.pl/en/for-foreigners-1/residence/temporary-residence-pe/residence-and-work/1067,Frequently-asked-questions.html
What do I need to do if I want to change my employer in Poland?
  • Please take note that a work permit is granted for work with a specific employer, in a specific position and for a period specified in the permit.
  • If you transfer to a new employer at the conclusion or termination of your current employment, you will need a new work permit.
  • Please make sure that you inform the Voivodeship Office about the change in your employment record within 15 days from the effectivity of the termination of your contract with your previous employer. If you have done this, you have 30 days to find a new job and to update the Voivodeship Office regarding your new employer.
  • If you fail to notify the Voivode, your temporary residence and work permit will be cancelled.
  • Please note that this can only be done once during the validity period of the permit.
Are Filipinos required to pay tax in Poland/Estonia/Latvia/Lithuania?
  • All persons, whether locals or foreign citizens, receiving income or remuneration in Poland/Estonia/Latvia/Lithuania, are obliged to pay tax.
  • The tax rate for personal income tax is around 19% in Poland, 20% in Estonia, 24% in Latvia, and 15% for Lithuania
Are Filipinos working in Poland/Estonia/Latvia/Lithuania required to sign up to the social insurance program in these countries?
  • Employers of non-EU nationals in these countries are required to enroll their foreign employees in the social insurance program.
  • Being insured gives foreign employees the right to receive benefits related to sickness, maternity, and a workplace accident, among others.
Can Filipinos working in Poland bring their family (spouse and dependent children) with them?
  • Under the Foreigners’ Act, foreigners are eligible to bring their spouses and children to Poland if he/she holds:
    • Permanent residence or long-term EU resident status
    • A temporary residence permit for at least two years, provided that the last permit was issued at least one year prior to lodging an application a permit for family reunification
    • An EU blue card (residence permit for work in a highly skilled occupation)
  • In addition, the foreigner has to demonstrate that he/she has a stable, regular and sufficient income source to meet his/her own needs and those of his/her family, health insurance, and guaranteed accommodation in Polish territory.




TRAVELLING IN THE SCHENGEN AREA

Can Filipinos working in Poland travel freely to other European Union Member States that are part of the Schengen Agreement?

  • Yes, Filipinos who hold valid long-term work visas (national D visa) or residence cards may travel freely to EU Member States that are part of the Schengen zone for up to three months for every half-year period.
  • Some Schengen zone countries may implement border control rules so make sure you have both your passport and residence card ready.

Can Filipinos with residence permits/cards issued in Poland be able to work in other EU Member States? If I have a work permit, can I use this work permit to work in another country?

  • The work visa or residence card and work permit issued by one EU member state, such as Poland, allowing a Filipino citizen to work cannot be used for the same purpose in other EU Member States.




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