New rules for hiring foreign workers in Poland: effective from 1 June 2025

Karolina Schiffter
PCS Legal, Warsaw
karolina.schiffter@pcslegal.pl

A new law regulating the employment of foreign workers in Poland came into force on 1 June 2025, replacing the previous legislation which had been in place for over 20 years. While it does not overhaul the employment model, it introduces important changes which employers must follow in order to employ foreign workers legally. Key updates are outlined below.

New employer obligations

Submit employment contract electronically before work commences

Employers must submit a copy of the contract (for work permit or declaration holders) via an official online portal before the foreign worker starts work. Failure to do so may result in a fine of PLN1,000-3,000 (approximately €235-705). Please note that submission is not required until the portal comes into operation.

Keep a certified Polish translation of the contract

If the contract is in a foreign language, a sworn Polish translation must be obtained, unless a bilingual version is used.

Inform foreign workers about trade union rights

Employers must provide written notice of the foreign worker's right to join trade unions. There are no penalties for noncompliance.

Collect and store identity documents

Employers must obtain and store documents confirming personal data (eg, PESEL number), not just declarations.

Retain data for two years after employment ends

Personal data may be processed during employment and for two years afterward, or longer if required (eg, ten years for employee records).

Notify voivode of changes regarding temporary residence and work permits

Employers listed in the permit decision must inform the voivode within 15 business days of job termination. They must also report changes in company details, job title, working hours and contract type.

Notify authorities about employment status for declaration-based work

Employers must notify the local labour office if the foreign worker does not start work, or if they end work earlier than declared. Notifications are due within 14 days (non-start) or seven days (work started).

Labour market test removed

As of 1 June 2025, employers are no longer required to obtain a labour market test (a statement from the local labour office confirming a lack of Polish workers for a position). Instead, local authorities can create lists of professions for which work permits for foreigners will not be issued, giving priority to Polish citizens.

Work restrictions for some foreign workers expanded

Foreigners with visas issued for purposes such as visiting family (type 02), education other than university (11), medical treatment (14), or ‘other reasons’ (23) are now barred from working in Poland. The exception is for holders of a Pole’s Card under type 23. Also, foreigners with visas from other Schengen countries (regardless of purpose) cannot work in Poland, unless they have a residence permit issued by that country.

Stronger inspections and penalties

Labour and border authorities can now conduct unannounced inspections. Fines for violations can now reach PLN10,000 (approximately €2,350), up from PLN2,000. Fines for illegal employment now range from PLN3,000 to 50,000 per foreign worker.

New grounds for work permit refusal

A permit may now be denied if:

• the foreigner would work for a third party (unless it is through a temping agency);
• the employer has obstructed labour inspections within the last 24 months;
• the foreigner previously held a work permit but did not actually work, without valid reason;
• the employer appears to exist only to help foreigners enter Poland (eg, based on high numbers of unused permits or foreigners not registered for social insurance).

Priority for certain work permit applications

Some applications will be fast-tracked, including:

• employers listed as strategic for Poland’s economy;
• renewals for the same employer/foreign worker with equal or better terms;
• jobs in shortage occupations (defined by the ministry of labour);
• foreigners working for strategic employers will also get priority for visa and residence permit processing.

Full digitisation of the application process

All work permit and declaration processes will move online, including applications, appeals, and decisions. There is a two-year transition period during which paper forms will still be accepted.

Summary

The new law introduces stricter controls, new employment restrictions and tougher penalties. Employers must update their HR and compliance procedures by 1 June 2025, as even small mistakes could now carry serious consequences.