New rules for employing foreign workers in Poland from 2025 – law signed by the president
On 10 April 2025, Polish President Andrzej Duda signed into law the Act of 20 March 2025 on the conditions for employing foreign nationals in the territory of the Republic of Poland. The act will enter into force on the first day of the month following 14 days from the date of its official publication.
A key objective of this reform is to comprehensively regulate the rules governing access of foreigners to the Polish labour market through a dedicated legal framework. The aim is to simplify procedures, improve transparency, and close loopholes in the system to prevent abuse in employment practices.
In this article:
New list of permissible economic activities for foreigners in Poland
The new law introduces a detailed and closed catalogue of permitted types of economic activity and specific categories of foreign nationals to whom the new regulations will not apply. These include individuals whose employment conditions are governed by separate domestic legislation, international agreements, or established international customs.
The act also considers cases in which a foreign national’s activity in Poland is incidental and not connected to the local labour market.
Excluded from the scope of the act are, among others, foreign nationals who:
- hold a permanent residence permit in Poland,
- have refugee status granted in Poland,
- have been granted residence on humanitarian grounds in Poland.
Obligation to submit a copy of the employment contract
A new requirement for employers in Poland is the obligation to submit a copy of the employment contract concluded with a foreign worker before the employment begins.
If a foreign national is employed based on a Poland work permit, the contract must be submitted prior to the start of work. This also applies to employment based on a declaration of entrusting work to a foreigner – in such cases, the contract copy must be submitted to the authority that registered the declaration.
New obligations regarding the declaration of entrusting work
According to Article 70 of the act, an employer whose declaration has been registered must notify the local district authority (starosta) of:
- the foreign national starting work – within 7 days of commencement,
- failure to start work – within 14 days from the intended start date specified in the declaration.
Previously, the obligation only applied to failure to start work, within a 7-day period. Now, the employer must also report if the foreign worker does not commence work or ends their job earlier than stated in the declaration.
Updates to the Poland work permit process
An employer entrusting work to a foreigner is obliged to inform the authority that issued the work permit if:
- the foreign worker has not started work within 2 months from the initial validity date of the permit,
- there is a break in the employment exceeding 2 months,
- the foreign worker ends their job more than 2 months before the permit’s expiry.
Previously, this period was set at 3 months.
The new law also introduces stricter requirements for remuneration. A Poland work permit will only be granted if the offered salary is not lower than:
- the salary of employees performing similar duties or in comparable positions,
- the statutory minimum wage in Poland.
Additionally, employers must offer a working time of at least 1/4 of a full-time position, and not more than a full-time equivalent.
Full digitalisation of the work permit system
All formalities related to obtaining a Poland work permit, including application and decision delivery, will be handled through an online system.
Elimination of the labour market test
The district authority (starosta) will have the right to define lists of professions and positions excluded from work permit eligibility. According to Article 31, if, on the date of application for a work permit, the occupation for which the foreigner is to be employed is on the list of occupations defined by the district authority and approved by the voivode, the work permit will not be issued.
This measure may apply, for example, during mass layoffs or closures of large enterprises in the area. It aims to better protect the local labour market and streamline administrative processes related to the employment of foreigners in Poland.
Stricter penalties for employers
The new regulations significantly strengthen the powers of the State Labour Inspectorate and Border Guard, which will be authorised to conduct joint, unannounced inspections.
In addition, the Act introduces stricter sanctions for entities that illegally employ foreigners. In the case of unlawful entrustment of work to a foreigner in Poland, a fine ranging from PLN 3,000 to even PLN 50,000 per violation may be imposed on the employer.
The new law on the employment of foreign nationals in Poland introduces several significant changes aimed at increasing the transparency and efficiency of the system for issuing Poland work permits. Key updates include: the obligation to submit copies of employment contracts, expanded reporting duties for employers, full digitalisation of procedures, new rules for issuing permits, and the elimination of the labour market test in certain cases.
Employers must also be prepared for more frequent inspections and higher penalties for non-compliance. To avoid legal risks and ensure compliance with the new regulations, it is advisable to review internal processes in advance and seek professional legal support.
Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office
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