Changes to hiring foreigners and their stay in Poland
On June 1, 2025, two acts dealing with the residence and work of foreigners in Poland will take effect: the Act on the Conditions for Granting Permission to Assign Work to Foreigners in the Territory of the Republic of Poland and the Labor Market and Employment Service Act. Additionally, the provisions of the Foreigners Act will be amended.
The labor market test to be eliminated
The new law eliminates the requirement of the district governor’s information. Instead, at the request of the head of the district labor office, the district governor may establish a list of occupations for which work permits will not be issued in a given district due to the difficult situation in the local labor market. This list must be endorsed by the district labor market council and approved by the governor.
From the perspective of potential employers, this is a significant facilitation: if an occupation is not on the list, no additional approvals are required before a work permit is issued. The register will be maintained by the Labor Minister and made available to the public on praca.gov.pl website and in the Public Information Bulletin.
Duties to inform and document
The law imposes new obligations on employers who hire foreigners. These include the obligations to:
- provide the authority with a copy of the contract with the foreigner in Polish before assigning work,
- notify the governor who issued the work permit about:
- the failure of the foreigner to start work within 2 months of the initial validity date of the work permit,
- discontinuance of work by the foreigner for a period exceeding 2 months,
- termination of work by the foreigner more than 2 months before the expiration of the work permit’s validity period,
- notify the district governor about:
- the start of work by a foreigner within 7 days from the date of commencement of work,
- the failure of the foreigner to start work within 14 days of the start date specified in the register of statements,
- inform the province governor within 15 working days of changes that do not require an amendment or the granting of a new residence permit.
- inform the province governor within 15 days of the event that a foreigner who was granted a residence and work permit has been dismissed.
New grounds for refusing to issue a work permit and time limits
To tighten the system, several situations have been defined in which work permits will not be granted. A permit will be denied if:
- the employer does not pay contributions or taxes. In this case, refusal is mandatory,
- the company was established solely to facilitate the entry of foreigners to Poland,
- the employer is not a temporary work agency and the work is to be performed for another entity,
- the foreigner had a work permit previously and came to Poland within the last two years but did not start working here. The regulation is intended to prevent obtaining a work permit solely for the purpose of obtaining a visa to enter the country.
Additionally, a limitation on the length of a work permit has been introduced. If a company has been operating for less than a year or wishes to hire a foreigner for half-time or less, the permit can be issued for up to 1 year.
A similar time limitation has been introduced for work permits in connection with holding a specific function or seconding a foreigner to similar entities that assign work.
Electronic proceedings
The new regulations establish fully electronic proceedings for issuing work permits. Applications and other documents must be submitted through a dedicated website.
Sanctions for illegal employment to be stricter
Employing a foreigner illegally is punishable by a fine ranging from PLN 3,000 to PLN 50,000. The fine must amount to a minimum of PLN 3,000 for each foreigner employed illegally. In exceptional situations, such as when a foreigner is misled, a mistake is exploited, or official dependence or inability to comprehend the act performed is taken advantage of, the minimum fine increases to PLN 6,000.
Illegal employment is construed not only as employment without a permit but also as employment under terms different from those specified in the permit or in a different position. Consequently, even a slight change in the foreigner’s duties can expose the employer to liability for illegal employment if the permit is not updated.
Pending proceedings
The new regulations will also apply to work permits issued under the provisions of the Employment Promotion and Labor Market Institutions Law.
Proceedings initiated and not completed before June 1, 2025 regarding:
- work permits or declarations of assignment of work to a foreigner,
- granting a temporary residence and work permit, modifying a temporary residence and work permit and granting a temporary residence permit to perform work in a highly skilled occupation.
- issuance of a visa to perform work,
will be subject to the existing regulations.
If you are interested in more detailed information about the upcoming changes or need assistance with permit proceedings under the new regulations, please contact us. Andersen experts will assist you in the process of adapting to the solutions currently in force.
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