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Fake job vacancy in Poland: How to verify an employer and avoid losing legal status
Fake job vacancy in Poland: how to avoid falling into a trap. Ilustracja AI
An investigation is underway in Poland into a scheme in which declarations on entrusting work to foreigners were registered through companies that did not actually conduct business activities. According to the District Prosecutor's Office in Łódź, 11,485 false declarations were registered for 130 such fictitious companies.
Such documents could be used, among other things, as grounds for crossing the border and obtaining work visas. In reality, this created the appearance of employment without either a real employer or a genuine vacancy behind it. The scheme also involves organisers from Ukraine.
An employee may learn about the deception only after arriving
Gremi Personal points out that the greatest risk for people seeking work in Poland through intermediaries is that they may find out that the employer is fictitious only after arriving in the country.
By then, money for travel and intermediary services has already been spent, while the legality of further stay and employment may be called into question.
That is why the company advises checking both the employment agency and the direct employer before leaving Ukraine.
What should you check before leaving for work in Poland?
First of all, it is worth checking the employment agency in Poland's National Register of Employment Agencies (KRAZ).
Information about the direct employer can be verified in the Central Register and Information on Economic Activity (CEIDG) or in the National Court Register (KRS).
It is worth checking, in particular:
<ul>
<li>the company name,<\/li>
<li>registration details,<\/li>
<li>the address,<\/li>
<li>the business status.<\/li>
<\/ul>
However, an entry in a register alone does not guarantee that the company is actually operating and has a specific job vacancy.
Therefore, before leaving, it is also worth requesting:
<ul>
<li>a draft contract,<\/li>
<li>the name of the company where the person will work,<\/li>
<li>the exact address of the workplace,<\/li>
<li>information about who will pay the salary.<\/li>
<\/ul>
A warning sign is when an intermediary refuses to disclose the employer's name. You should also be wary of an offer to arrange an invitation without the involvement of the company itself, without a contract or without confirmation from the employer.
<em>“Registers and a contract are the minimum that should be checked before departure. If this step is skipped, the consequences can be serious even for a person who was unaware of the deception. Being a victim does not eliminate the risks to their documents and status in Poland,”<\/em> Gremi Personal notes.
A fraud victim and a person who knowingly bought a document are different situations
Gremi Personal emphasises that the situation of a person who was misled differs from that of a foreigner who knowingly purchased a document issued in the name of a fictitious company.
If a Ukrainian genuinely sought work and became a victim of fraudsters, they generally do not face criminal liability. However, financial and administrative problems may still remain.
A person may lose the money paid to the intermediary and fail to get the promised job. A declaration registered for a non-existent employer and a visa issued on its basis also do not confirm the legality of actual employment.
In the future, this may complicate, among other things, obtaining or extending a temporary residence permit. The lack of actual information on income and ZUS social insurance contributions may also become a problem.
<em>“If it turns out after arrival that the vacancy does not exist, you should keep correspondence with the intermediary, advertisements, copies of documents and proof of payment in order to contact the competent authorities or seek legal assistance. You should not use documents once you have learned that they are invalid,”<\/em> Gremi Personal stresses.
Knowingly using a fake document may have serious consequences
The situation is much more serious if a foreigner knowingly bought a declaration on entrusting work issued in the name of a fictitious company.
In such a case, criminal liability may apply. Article 270 § 1 of the Polish Criminal Code provides for imprisonment from 3 months to 5 years for using a forged document as if it were genuine.
A foreigner may also be refused entry or issued a return decision. Such a decision may include a ban on re-entering Poland and other Schengen Area countries.
At the same time, each case is considered individually, taking into account the specific circumstances and grounds for the person's stay.
Oversight of employment agencies is becoming stricter
Gremi Personal notes that inspections of employment agencies by supervisory authorities in Poland have become stricter.
However, this does not mean that the risk associated with fictitious job vacancies has disappeared completely.
Therefore, when choosing an intermediary, it is worth paying attention to companies with a proven reputation, transparent recruitment procedures and clearly described terms of cooperation.
<em>“Checking the company, the authenticity of the vacancy and the documents before departure helps reduce risks and protect your rights,”<\/em> Gremi Personal emphasises.
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