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.

The Voivodeship Office will refuse to initiate the procedure for a temporary residence and work permit, if the foreigner, on the day of submitting the application for this permit, stays in Poland on the basis of a visa issued for the purpose of:

• tourism (national and Schengen visa);
• visiting family or friends (national and Schengen visa);
• on the basis of a visa issued for the purpose of tourism or visiting family or friends by another Schengen country.

Yes, if:

•  is exempt from the obligation to have a work permit;
•  has a work permit and submitted the residence application on time, it did not contain formal defects or it was supplemented on time, the Voivode placed a stamp in the foreigner’s passport confirming the submission of the residence application, and the foreigner’s stay is considered legal from the date of submission of the residence application to the date, in which the decision on granting a temporary residence and work permit will become final, if immediately before submitting the application, he/she was entitled to work in the territory of the Republic of Poland;
•  has a declaration on entrusting work to a foreigner while awaiting the issuance of a temporary residence and work permit.