Access to labour market by foreigners – proposal for a new law

The growing importance of economic migration and the need to ensure equal opportunities on the labour market for Polish citizens resulted in the need to draft a dedicated law.

Access to labour market by foreigners – objectives of the bill

Access of Foreigners to the Labour Market Bill is based on the fundamental principles set out in the Act on the Promotion of Employment and Labour Market Institutions in the Field of Employment of Foreigners of 20 April 2004. This means that certain groups of foreigners will have free access to the Polish labour market, while other people will be able to perform work under the conditions specified in the foreigner’s work permit or other relevant administrative act.

The objectives of the bill on access to the labour market by foreigners are as follows:

• Tightening the procedures for entrusting work to foreigners in order to reduce abuses and ensure the transparency of the process;
• Full digitalization of proceedings, which will streamline and speed up the handling of applications and reduce the risk of errors and irregularities;
• Reducing the backlog in dealing with matters by offices, which will ensure faster and more effective processing of applications;
• Enhancing the integration of foreigners into the Polish labour market by facilitating their access to information, education and training.

In addition, the new regulations are intended to prevent negative phenomena, such as pushing Poles out of the labour market and lowering standards on the labour market. The new law on access of foreigners to the labour market will be beneficial both to Polish employees and foreigners who want to work legally in Poland. The regulation is intended to ensure better protection of employee rights and contribute to greater integration of foreigners.

Employment of foreigners – key changes

Access of Foreigners to the Labour Market Bill introduces a number of changes aimed at clarifying and supplementing the conditions for granting a work permit and accepting a declaration on entrusting work to a foreigner.

Key changes in the employment of foreigners:

• Introduction of mandatory grounds for refusal of work permits: where the employer’s undertaking has been established or operates primarily to facilitate the entry of third-country nationals.
• Establishment of additional conditions for granting a work permit: for newly established entities or entities using virtual offices.
• Limiting the possibility of providing employees under the guise of employee outsourcing.
• Replacing an ineffective ” market demand test” with a faster and more efficient procedure, to be used where appropriate.
• Introducing clearer rules: providing flexibility for work permits and declarations on employment and pay conditions, while protecting the rights of foreigners.
• Tougher sanctions for illegal employment of foreigners: the fine will be proportional to the number of illegally employed people.
• Full digitalisation of administrative procedures: including submission of applications, collection of evidence, issuance of decisions, appeal proceedings.
• Facilitating inspections: by introducing provisions allowing for effective inspections by the Border Guard and the National Labour Inspectorate.
• Obligation to inform foreigners about their rights: employers will be obliged to inform foreigners about their rights in connection with their work and the possibility of associating in trade unions.
• Integration programmes for foreigners: the project includes assistance in learning Polish and other forms of integration.

The body responsible for the bill is the Ministry of Labour and Social Policy, and the scheduled date of adoption of the bill by the Council of Ministers is the third quarter of 2024. The bill has been included in the National Recovery and Resilience Plan (KPO) as part of the milestone No. A51G for the reform entitled A4.1 Effective institutions for the labour market.

Employment of foreigners – how can we help?

TGC Corporate Lawyers supports employers in hiring employees from outside the EU and from the European Union.

Our services include:

Non-EU workers

• Legalization of stay in Poland
• Obtaining a work permit in Poland
• Employment of employees from Russia, Ukraine, Belarus, Georgia, Moldova and Armenia

EU workers

• Registration of stay
• Obtaining a family member’s residence card
• Obtaining a permanent residence card for EU citizens and their families

Learn more: Employment of foreigners