Posting non-EU workers from Poland to the EU – Ministry announces new approach to work permits
Poland may reduce work permit refusals based solely on planned EU postings, but each case will still require individual assessment.
Since June 2025, some Polish employers have faced difficulties obtaining work permits for non-EU nationals intended for later EU postings.
Poland’s Ministry of Family, Labour and Social Policy says planned posting abroad should not alone justify refusing a work permit.
The Ministry intends to issue guidance to voivodes and starosts, but its October 2026 position does not change existing Polish legislation.
EU law permits temporary posting of legally employed third-country nationals, subject to employment, residence and host-country requirements.
In 2024, Polish companies provided services worth about PLN 32 billion in EU markets, while non-EU nationals made up 23.4% of staff in Coalition companies.
Fewer automatic refusals do not eliminate risk
Work permit outcomes will still depend on individual circumstances and how Polish authorities apply the announced guidance.
Legal employment in Poland remains the first step
Employers must first ensure that a non-EU national has a lawful basis for residence and work in Poland.
Permit difficulties can affect contract profitability
Workforce shortages may lead to delays or greater reliance on subcontractors, potentially reducing revenue and margins.
Long-term certainty still depends on practice and legislation
Greater predictability will depend on how the guidance is applied and whether further statutory changes are introduced.
Poland’s Ministry of Family, Labour and Social Policy has announced a change in its approach to work permits for non-EU nationals whom Polish employers intend to post to other EU Member States. The intention to post an employee abroad should not, in itself, automatically justify refusing a work permit. Authorities are expected to assess the actual nature of employment, the employer’s activities in Poland and the temporary nature of the posting. The announcement may reduce difficulties for companies delivering cross-border contracts, but it does not change existing legislation or guarantee that work permits will be issued.
Posting non-EU workers from Poland to the EU has become a significant challenge for Polish companies providing services in other European markets. Since June 2025, some employers have experienced difficulties obtaining work permits for third-country nationals who were subsequently expected to work on contracts in other EU Member States.
In October 2026, however, the Polish authorities announced a potential change in their administrative approach. The Ministry of Family, Labour and Social Policy outlined a position that could help businesses plan their workforce requirements and maintain continuity in cross-border service delivery.
In this article:
Why have Polish companies faced difficulties posting non-EU workers abroad?
The difficulties arose from the administrative application of regulations effective from 1 June 2025, introduced by the Act of 20 March 2025 on the Conditions of Admissibility of Entrusting Work to Foreigners in the Territory of the Republic of Poland. In some proceedings, authorities refused work permits where they concluded that a foreign national was primarily intended to provide services abroad rather than work in Poland.
The issue particularly affected companies operating in construction, manufacturing, installation, maintenance and care services. Their business models frequently involve employing workers in Poland and temporarily posting them to fulfil contracts in other EU countries.
For businesses delivering international contracts, this created risks of workforce shortages, project delays and increased reliance on subcontractors. In practice, difficulties obtaining work permits could therefore affect not only workforce management but also contract profitability and a company’s ability to meet its international commitments.
What changes under the Polish Ministry of Labour’s October 2026 announcement?
According to information published in October 2026, Poland’s Ministry of Family, Labour and Social Policy intends to move away from the restrictive approach under which a planned posting abroad could, in itself, result in a work permit refusal. The Ministry presented its position in response to a statement by Senator Stanisław Gawłowski.
The Ministry indicated that the planned posting of a foreign national should not, on its own, justify refusing a work permit if the employee will perform work in Poland before or after the posting. It also announced plans to issue guidance to voivodes (regional governors) and starosts (district authorities) on handling such applications.
This is an important development for employers, but a distinction must be made between an administrative announcement and a legislative amendment.
| Area | What does the Ministry’s announcement mean? |
|---|---|
| Intention to post an employee | Should not, on its own, determine whether a work permit is refused |
| Actual nature of employment | Authorities are expected to assess the actual employment arrangements, the employer’s activities in Poland and the temporary nature of the posting |
| Administrative practice | The Ministry intends to issue guidance to the relevant authorities |
| Existing legislation | The Ministry’s position does not replace statutory requirements |
| Work permit decisions | Each application still requires an individual assessment of the employee’s and employer’s circumstances |
In practice, the announced approach may reduce refusals based solely on an employer’s intention to post an employee abroad. However, the outcome will still depend on the circumstances of each case and how individual authorities apply the new guidance.
Can a non-EU national legally employed in Poland be posted to another EU country?
Yes. EU law permits the temporary posting of third-country nationals who are legally employed by a company established in an EU Member State when that company temporarily provides services in another Member State. However, this does not remove employment, residence or host-country compliance requirements.
An important legal reference is the judgment of the Court of Justice of the European Union (CJEU) of 9 August 1994 in the Vander Elst case (C-43/93). The judgment established that, as a general rule, a host Member State cannot make the temporary provision of services by a company established in another Member State conditional on obtaining an additional work permit for its legally employed non-EU workers.
However, the Vander Elst judgment does not mean that posting third-country nationals is free from additional formalities. Employers must consider both the requirements governing the employee’s lawful employment and residence and the obligations imposed by the country where the employee will temporarily perform work.
What does the new approach mean for companies delivering cross-border contracts?
For companies providing cross-border services, the ability to recruit and post workers directly affects their capacity to fulfil contractual obligations.
According to figures cited by the Coalition of Polish Service Exporters, Polish companies provided services worth approximately PLN 32 billion in EU markets in 2024. Non-EU nationals accounted for 23.4% of employees working for companies represented by the Coalition.
Restrictions on obtaining work permits can therefore create not only staffing difficulties but also direct financial consequences. Businesses unable to secure sufficient personnel may need to outsource parts of their projects to foreign subcontractors. Although this can help maintain contractual commitments, it may reduce revenue and profit margins for the Polish contractor.
From a business perspective, a more predictable work permit process could improve workforce planning, reduce the risk of project delays and limit the need to engage external contractors when delivering international projects.
Nevertheless, the risks have not been eliminated. Until the announced approach becomes established in administrative practice or is reflected in legislation, companies should continue to account for possible differences in how individual applications are assessed.
How should companies prepare to employ non-EU nationals who may later work on contracts abroad?
The announced change in administrative practice does not remove the need to prepare the employment process carefully.
Companies should focus on four key areas:
- Legal employment in Poland – Determine whether the foreign national has an appropriate legal basis for residence and employment and whether a work permit is required.
- Employment documentation – Ensure that job responsibilities, the place of work and employment terms accurately reflect the actual working arrangements.
- Payroll and employment-related settlements – Correctly calculate salaries, social security contributions and other employment-related payments arising from employment in Poland.
- Subsequent work outside Poland – Before posting an employee to another EU Member State, separately assess the applicable posting requirements, social security arrangements and obligations in the host country.
In practice, this means that employers should treat the legalisation of employment in Poland as a separate and essential first stage of the process.
getsix® supports businesses with payroll administration for foreign nationals employed or posted to Poland, obtaining work permits and aligning international HR policies and procedures with Polish labour law. Contact us.
Will the new guidance resolve all work permit problems in Poland?
No. The Ministry’s announcement may reduce work permit refusals based solely on an intended posting abroad, but it does not resolve every issue associated with employing third-country nationals.
Employer organisations are also calling for legislative amendments that would clearly define the rules for employing foreign nationals who perform part of their work in Poland and part in other EU Member States. This is particularly important for companies entering into multi-year contracts. A change in administrative interpretation alone does not provide the same level of certainty as clearly drafted legislation.
Questions also remain about how authorities will assess whether work is genuinely performed in Poland and whether administrative practice will be consistent across different offices.
For employers, the priority should therefore be to minimise risks in areas they can directly control: ensuring lawful employment in Poland, maintaining complete documentation and keeping HR procedures compliant with applicable legislation.
Posting non-EU workers from Poland to the EU – what happens next?
The Polish Ministry of Labour’s October 2026 announcement is an important signal for Polish service exporters that have experienced difficulties recruiting non-EU workers for international contracts since 2025.
The decisive factors will be how the authorities apply the announced guidance and whether further legislative changes follow. Only then will it become clear whether employers can expect greater predictability in procedures for hiring foreign nationals and subsequently assigning them to projects abroad.
Regardless of any further changes in administrative interpretation, the first step remains ensuring that the foreign national is legally employed in Poland.
getsix® provides payroll services in Poland for employers hiring foreign nationals, including employee payroll administration, assistance with obtaining work permits and adapting international HR procedures and employment standards to Polish labour law. This support can be particularly relevant for multinational companies and Polish businesses employing third-country nationals as part of a broader cross-border operating model.
This article was written by the getsix® Editorial Teamgetsix® provides accounting, tax advisory, HR and payroll, and business consulting services, supporting companies operating in Poland. The getsix® Editorial Team prepares practical information that makes Polish accounting, tax, and HR and payroll matters easier to understand.
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