With only one month left until March 5, 2026, employers are bracing for significant changes in the regulations governing the employment of foreign nationals. A bill phasing out certain protective measures for Ukrainian citizens currently awaits the President’s signature. Companies must act now to establish rigorous legalization procedures or face steep financial penalties and potential bans on hiring foreign staff.
Under the pressure of time, administrative errors can easily occur—mistakes that could cost enterprises hundreds of thousands of PLN and lead to the loss of key employees.
The Scale of the Challenge: 2026 Statistics
The numbers illustrate the immense scope of the task ahead. Currently, approximately 988,000 to 993,000 Ukrainians in Poland hold temporary protection status (PESEL UKR), with roughly 670,000 of them professionally active.
The administrative bottleneck remains a critical issue:
- Pending Cases: In 2025, 455,069 residence applications were submitted by Ukrainian citizens, but only 225,982 received decisions, leaving over 229,000 cases unresolved.
- Wait Times: The average waiting time for a residence decision is currently 300 days, with some cases exceeding 500 days.
- Entrepreneurship: Between 2022 and 2024, Ukrainians registered 77,700 sole proprietorships (JDG). In 2024 alone, over 33,000 new businesses were formed, accounting for nearly 9% of all new registrations in Poland.
A Single Error Can Trigger a Landslide of Consequences
Failure to implement proper procedures or misinterpreting the new regulations can instantly turn a legal hire into a serious law violation.
“Illegal entrustment of work is one of the most dangerous traps in Polish labor law—and it usually isn’t a matter of bad faith,” says Julia Nowicka, an expert in employment legalization at Progres Group. “It often results from haste or a lack of planning. Work is considered illegal if a foreigner performs duties inconsistent with their documents, starts before receiving a permit, or continues after it expires. Even a change in position, contract type, or salary without updating the paperwork constitutes a violation.”
The Penalties:
- Fines: Between 3,000 PLN and 50,000 PLN per foreigner.
- The “Two-Strike” Rule: A company penalized twice within two years faces a total ban on hiring foreigners, losing the right to obtain work statements or permits.
- Organizational Fallout: This not only halts new recruitment but jeopardizes current staff, as they lose the ability to extend their residence permits, leading to a loss of legal status and a mass exodus of experienced workers.
The End of Simplified Procedures (March 2026)
The new law introduces a three-year transition period starting March 5, 2026, for Ukrainian citizens residing in Poland on grounds other than temporary protection. They will gradually move to the standard work statement system.
Crucially, Article 42a will be repealed. This provision previously allowed for temporary residence permits even if all statutory requirements weren’t met. Its removal impacts the 229,000 pending applications from 2025, ending “privileges” for applicants in difficult life situations and requiring employers to be far more meticulous with documentation.
No Room for Delay: Work Statements and Permits
Legalization documents must match the reality of employment exactly. Even a four-day delay in updating a permit after an employee is promoted can lead to work being classified as illegal.
“A work legalization document must be a one-to-one reflection of actual employment conditions,” emphasizes Nowicka. “Even a brief lapse can result in fines reaching tens of thousands of PLN.”
Foreign Assignments Under Scrutiny
Ukrainian citizens under temporary protection cannot leave Poland for more than 30 days without losing their legal residence status. This applies to both men and women working under the PESEL UKR status. Any planned business trips abroad must be analyzed individually to ensure the firm does not inadvertently void an employee’s right to stay in Poland.
New Opportunity: The List of Shortage Occupations
Amidst the tightening regulations, a new regulation published on January 30, 2026, by the Ministry of Family, Labor, and Social Policy offers a glimmer of hope. The document identifies 329 shortage occupations.
If implemented, applicants in these professions will receive priority processing for work permits, residence permits, and visas. This could provide vital support for companies facing labor shortages, provided their documentation is flawless.
“Legalization is no longer just a formality; it is a core element of risk management,” concludes Julia Nowicka. “Employers who treat the law as part of their HR strategy will gain a competitive advantage. If you’re wondering ‘is everything okay in our files?’, now is the time to check—before the Labor Inspectorate or Border Guard does it for you.”
