You should check whether a foreigner has a valid travel document and the right to legally stay in Poland, i.e. whether he/she is on the basis of visa-free travel (if possible), visa or residence permit (temporary, permanent, long-term EU resident permit) and whether he/she is entitled for work, i.e., has a declaration on entrusting work to a foreigner, a work permit or is exempt from this obligation.

Before allowing a foreigner to work, you should ask for a photocopy of a document confirming the exemption from the need to have a work permit in Poland, e.g., a full-time diploma in Poland, a valid Pole’s Card, a post-secondary school leaving certificate. A copy of such a document must be included in the employee documentation in the case of an inspection of the legality of employment, carried out, for example, by the Border Guard.

A foreigner staying on the territory of Poland on the basis of a visa issued for the purpose of tourism or benefiting from temporary protection may not take up legal employment.

No, he/she cannot. If such an application is submitted by a foreigner, the Voivodeship Office will refuse to initiate the procedure.