According to the District Prosecutor’s Office in Łódź, Poland is investigating a scheme in which 11 485 false declarations assigning work to foreigners were registered through 130 fake companies. Such documents were used as a basis for crossing the border and obtaining work visas; organisers from Ukraine are among those implicated.
Details of the scheme and consequences for workers
According to the prosecution, declarations issued in the names of non-existent or inactive companies allowed foreigners to cross the border and obtain visas, even though there was no real vacancy. People only found out the employer was fake after arriving, after they had spent money on travel and paperwork, and their legal status became jeopardised.
If declarations and invitations are issued on behalf of a non-existent employer, the visa and any employment obtained on that basis do not confirm lawful work. As a result, obtaining or renewing a temporary residence permit (zezwolenie na pobyt czasowy) becomes more difficult, and records of income and contributions to ZUS (Zakład Ubezpieczeń Społecznych) will not reflect reality.
How to check the employer and intermediary before travelling
Experts, including Gremi Personal, advise checking both the intermediary and the company allegedly offering the job, and having a draft contract, the exact company name, the workplace address and information on who will pay the salary. A company’s entry in the register does not guarantee it actually operates or has a vacancy.
One of the main signs of fraud is when an intermediary refuses to name the employer or proposes to arrange an invitation without the company’s involvement, without a contract or confirmations from the employer. In such cases experts recommend declining offers that do not provide transparent employment terms.
Legal consequences for foreigners in different scenarios
If a foreigner did not know about the falseness, they are generally not at risk of criminal liability, but they may lose money and be left without the promised job. The absence of official employment will make it harder to prove income, insurance record, and to enforce rights in case of unpaid wages.
If a person knowingly bought a declaration on behalf of a fake company, they may face criminal liability under Article 270 § 1 of the Polish Penal Code — imprisonment from three months to five years. A foreigner may also be denied entry, be required to return, or be banned from re-entering Poland and other Schengen countries depending on the circumstances.
According to experts, Polish oversight authorities have stepped up checks on employment agencies, but uncovering individual schemes does not eliminate risks for jobseekers. If you discover upon arrival that there is no vacancy, it is recommended to keep correspondence with the intermediary, the job advertisement, copies of documents and proof of payment to refer to the competent authorities or obtain legal assistance.
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