Legal employment of foreigners is to become simpler but also subject to additional restrictions. The upcoming changes in regulations aim to streamline processes, limit abuses, and tighten the visa system. An expert from the Trenkwalder employment agency explains what this means in practice for companies and institutions hiring foreigners.
In April and May, important laws regarding the employment of foreigners were signed, which come into force on June 1 this year. The first law, on the conditions for permitting foreigners to undertake work on the territory of the Republic of Poland, simplifies procedures related to work legalization and aims to reduce abuses linked to employing foreigners. The second law, amending certain laws to eliminate irregularities in the visa system of the Republic of Poland, will affect, among other things, the number of temporary residence and work permits issued to foreigners.
– The most important changes coming into force in June are primarily greater informational duties on the employer’s side and shorter deadlines for reporting changes in foreigner employment. The introduction of the obligation to submit contracts, new restrictions concerning permits, and the possibility of refusal in the case of outsourcing significantly change how work with foreigners is organized – says Daniel Nowakowski from the Trenkwalder employment agency Poland. – On one hand, procedures have been simplified, such as the elimination of the labor market test, but on the other hand, sanctions for irregularities have increased. Employers need to be more vigilant, as any mistake can cost even tens of thousands of zlotys. Therefore, it is worth planning legalization actions in advance and also using professional support when employing foreigners – adds Nowakowski.
12 MOST IMPORTANT CHANGES YOU NEED TO KNOW:
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Extension of the deadline for reporting non-commencement of work by a foreigner
According to the new regulations, an employer who employs a foreigner based on a declaration of entrusting work has 7 days to inform the labor office about the foreigner commencing work and 14 days to inform about the foreigner not commencing work (previously the deadline was 7 days). Extending the deadline for reporting non-commencement of work to 14 days is an ease for employers—especially when the foreigner starts work late. It allows avoiding the need to submit two separate reports (first about non-commencement, then about commencement), reducing the amount of paperwork.
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Obligation to report early termination/non-commencement of work before the specified date
Another change in declarations is the obligation to inform the labor office that the foreigner will not start work before the date specified in the document, as well as the obligation to notify the district governor that the foreigner ended work before the date indicated in the declaration. This is a new duty intended to eliminate cases where declarations are used without the real intention to employ the foreigner. Employers should bear in mind that after reporting definitive non-commencement or early termination of work, the given declaration is removed from the registry, which means the foreigner can no longer take up work based on it nor obtain a visa to come to Poland.
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Obligation to submit the contract concluded with the foreigner to the labor office
Once the declaration is entered into the registry, the employer will be obliged to provide the labor office with the contract concluded between them and the foreigner.
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Obligation to report termination of work by a foreigner to the Provincial Office
According to new rules, it is the employer’s responsibility, not the foreigner’s, to inform the Provincial Office about the termination of work by a person employed based on a residence card issued for their company. The reporting deadline remains unchanged at 15 days from the day work ended. This is another new duty for the employer—failure to comply may result in a fine.
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New restrictions for foreigners in obtaining residence and work permits
The visa law amendment introduces new grounds for refusal to initiate proceedings for a combined residence and work permit. Foreigners staying in Poland on certain types of visas—such as tourist, student, training, medical visas, or those issued by other Schengen states—will not be able to obtain a residence and work permit. This also applies to foreigners holding residence documents issued by another Schengen member state, e.g., a residence card. For employers, this is a new challenge, as they will need to carefully verify foreigners’ residence documents and take legalization actions earlier.
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Visas on which foreigners will not be allowed to take up employment
A foreigner staying in Poland based on a visa issued by another Schengen State will not be able to take up work. This situation also applies to foreigners currently in Poland on such a document. Employers should check the residence documents of their employees and take steps to legalize their stay, because from June 1 this status will no longer entitle foreigners to work in Poland. The new law does not provide for work on visas issued for “other circumstances.” Consequently, a foreigner employed on such a visa will be treated as illegally staying. To remind, the following visas do not allow work in Poland: 1 – Tourist; 2 – Visiting friends and family; 11 – Education or training in a form other than indicated in points 9 or 10; 14,15,16 – Transit, air transit, treatment; 22 – Temporary protection; 25 – Visa issued in other circumstances; Visa issued by another Schengen State.
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Employment of foreigners without the requirement to conduct a labor market test
The new regulations abolish the obligation to conduct a labor market test. Instead, district governors will have the right to create lists of occupations in which employing foreigners will be prohibited based on a work permit—according to the local labor market situation. For employers, this is a major simplification and time saver—they no longer need to wait for the district governor’s information, which will speed up hiring processes. This reduces bureaucracy but requires employers to be more vigilant, as the district governor will have the right to publish lists of occupations for which work permits will be forbidden.
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Significant changes in the context of work permits
The amendment shortens the time in which the employer must notify the Voivode about important changes related to the employment of a foreigner—from 3 to 2 months. This applies to situations when the foreigner did not start work on time, had a break in employment longer than 2 months, or ended work earlier than 2 months before the permit’s expiration. Additionally, before employing a foreigner, the employer must send a copy of the contract to the provincial office via the praca.gov.pl platform. The conditions to obtain a work permit have also been changed:
- The salary cannot be lower than the minimum wage or less than the salary of other employees in a similar position.
- The working time cannot be less than ¼ of a full-time equivalent nor more than full-time.
If the company has operated for less than a year or the working time is less than half-time (or 20 hours per week), the permit can only be issued for a maximum of 1 year.
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Restrictions for foreigners in visa-free travel
New regulations give the Minister of Labor the possibility—by regulation—to introduce a list of countries whose citizens will not be allowed to work in Poland during visa-free stays, even if they have legal employment. The aim is to protect public order and reduce abuses linked to sham reasons for entering the country. Employers must therefore monitor possible ministerial regulations, and this change may affect recruitment plans of companies employing non-EU citizens.
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Restrictions regarding work in outsourcing
The new rules also provide that if a foreigner is employed by an entity other than a temporary work agency, performing work for another entity (i.e., in an outsourcing model), the office may refuse to issue a work permit or a residence and work permit. This means foreigners employed under outsourcing may face difficulties legalizing or extending their stay in Poland if their employment does not meet the new requirements.
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Stricter financial penalties and simultaneous controls by inspection bodies
The Border Guard and the National Labor Inspectorate will be able to conduct simultaneous unannounced inspections at employers. The rules for imposing fines have also changed—there is no upper limit on fines. Currently, an employer can be fined separately for each illegally employed foreigner, meaning the total fine can be much higher than before. Fines range from PLN 3,000 to PLN 50,000 per foreigner employed contrary to regulations. Additionally, a fine of PLN 6,000 is imposed for directing a foreigner to work by an entity that is not an employment agency.
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Digitalization of procedures
According to the new regulations, the process of obtaining work permits will become fully electronic. This means all actions related to applications, explanations, appeals, and submitting documents will be conducted exclusively through an IT system. The next stage of planned digitization is partial implementation of electronic handling of residence legalization procedures. In practice, this means residence permit applications will be submitted exclusively electronically. To be able to employ a foreigner in Poland in 2025, employers will be required to perform several key actions. In particular, it will be necessary to submit a work permit application or register a declaration via a specially designated electronic system. The new solutions aim to speed up decision-making and reduce administrative formalities.
– The new regulations simplify and accelerate the process of legalizing foreigners’ work but at the same time impose new duties on employers and significantly increase their responsibility. It is also worth keeping in mind the stricter penalties that can cause sleepless nights for many companies that lack sufficient time and knowledge when employing foreigners. In many cases, an employer can avoid unnecessary costs and save valuable time. The simplest solution is to entrust legalization formalities to external agencies experienced in mediating the employment of foreigners – summarizes Daniel Nowakowski from the Trenkwalder employment agency Poland.
