Employing foreigners in Poland – changes in regulations from 1 June 2025

On 1 June 2025, new regulations regarding the employment and residence of foreigners came into effect in Poland. The full digitalization of processes and new criteria for refusing work and residence legalization are the most important changes. Let us see what exactly is changing and how it will impact employers.

Legalization of work via the Internet

From 1 June 2025, employers can complete all formalities related to employing foreigners online, via the Praca.gov.pl portal. This applies to:

• submitting applications for a work permit,
• submitting declarations of entrusting work, and
• sending all required documents and attachments.

It is important to remember that a foreigner within the meaning of these provisions is any person who does not hold Polish citizenship. However, the new regulations contained in the Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners in the territory of the Republic of Poland do not apply to citizens of European Union member states, the European Economic Area, or citizens of the United Kingdom of Great Britain and Northern Ireland, who are covered by the Withdrawal Agreement between the United Kingdom and the EU.

Elimination of the labour market test

A significant change is the abolition of the requirement to obtain information from the district governor (starosta), i.e., the so-called labour market test. This means that the labour market test is no longer required to obtain:

• work permits,
• temporary residence and work permits,
• residence and work permits for professions requiring high qualifications.

However, it should be noted that if the labour market situation deteriorates, local restrictions may be introduced. These could include, for example, lists of professions off-limits to foreigners or employment limits, which may be introduced by the district head upon a justified request from the director of the district labour office, after receiving a positive opinion from the district labour market council. Furthermore, the Council of Ministers may establish a nationwide list of off-limits professions.

New reasons for refusing to issue a work permit or enter a declaration

A voivode or starosta will now be able to refuse to legalize a foreigner’s work for several new reasons. Refusal will occur if the foreigner has not previously started work despite arriving in Poland, the employer has obstructed inspections of the legality of employment, or the company has failed to pay contributions or taxes.

Other reasons for refusal include situations where the foreigner would be working for a third party without being a temporary employee, the planned working time is less than 1/4 of full-time employment (applies to permits), or the employment is to start later than 12 months from the date of issue of the permit (or 6 months in the case of a declaration).

Posting of foreigners to Poland

The new rules regarding the posting of foreigners to work in Poland by foreign entities introduce several significant changes. First and foremost, the foreigner must be employed before the posting begins and must have employee status.

In the case of intra-group postings, vertical capital ties must exist between the foreign entity and the host entity in Poland, meaning delegation between “sister” companies is not possible. Furthermore, if the posting is for the provision of services in Poland, the entity entrusting the work to the foreigner must provide an export service.

New information obligations for employers

A number of new obligations have been introduced for employers hiring foreigners, aimed at streamlining labour market control and monitoring. Below, we discuss the most important changes.

Copy of pre-employment contract

Under the new regulations, before a foreigner begins work, employers are required to send a copy of the employment contract to the office that issued the permit or accepted the declaration. The entire process is conducted via the Praca.gov.pl portal. The new IT system is to be adapted to this requirement from 1 July 2025 for declarations of entrusting work to a foreigner and seasonal work permits, and from 1 August 2025 for work permits. Employers are not required to submit copies of contracts until these dates.

Information obligations regarding declarations of entrustment of work

Employers are obliged to inform the starosta, also via the Praca.gov.pl portal, about key events related to employment based on the declaration:

• Taking up employment by a foreigner – within 7 days.
• Failure to commence work – within 14 days of the planned start date.
• Finishing work ahead of schedule.

Please remember that providing information about the termination of work will invalidate the declaration.

Information obligations regarding work permits

According to the new regulations, the employer must inform the voivode via the Praca.gov.pl portal within 7 days if:

• The foreigner did not start working for 2 months from the start of the permit validity period.
• The foreigner stopped working for over 2 months.
• The foreigner finished work more than 2 months before the expiry of the permit.

Failure to comply with these disclosure requirements may result in a fine of up to PLN 5,000. Additionally, changes must be reported within 7 days, including:

• Headquarters, name or legal form of the employer.
• Transfer of the workplace to another entity.
• Changes to the position name (without changing the scope of responsibilities).

Information obligations regarding temporary residence and work permits

The new regulations also introduce changes to the reporting requirements for uniform temporary residence and work permits. The employer listed on the permit must notify the voivode within 15 days of a foreigner’s job loss. Previously, this obligation rested solely with the employee.

Within the same 15-day period, the employer must also report:

• Changes relating to your employer or your employer.
• Transfer of the workplace to another entity.
• Increase in working hours (with a proportional increase in remuneration).
• Change of form of employment from a civil law contract to an employment contract.
• Changing the name of the position unless it involves a change in the scope of responsibilities.

Refusal of a temporary residence and work permit

On 1 June 2025, the list of reasons for which an application for a temporary residence and work permit may be refused was expanded. This means that foreigners staying in Poland on the basis of visas issued for the following purposes cannot apply for a temporary residence and work permit:

• Tourist
• Visiting family or friends
• Participation in sporting events
• Conducting cultural activities or participating in conferences
• Completion of bachelor’s and master’s degree programmes, long-cycle master’s degree programmes or doctoral studies
• Vocational training
• Learning in forms other than studies or vocational training
• Transit, including air transit
• Treatment
• Participation in cultural, educational, humanitarian aid or summer work exchange programs

Previously, this restriction only applied to visas issued for tourist purposes and visiting family or friends.

Additionally, applications will not be accepted if the foreigner is staying in Poland on the basis of:

• A long-term visa issued by another Schengen country, unless he or she exercises the right to mobility within the territory of Poland.
• A residence permit issued by another Schengen country, unless he or she exercises the right to mobility in Poland.
• Entry permit issued by the Border Guard.

Employing foreigners – how can we help?

We offer comprehensive legal support for companies employing workers from both the European Union and non-EU countries. We specialize in legalizing the stay and work of foreigners in Poland, assisting in completing all necessary procedures, including obtaining work permits and residence cards such as permanent residence cards, temporary residence cards, long-term EU resident cards, and blue cards.

Additionally, we provide support in procedures enabling the stay of foreign families in Poland, and we represent clients before administrative bodies to ensure legal employment and avoid negative consequences.

Employing foreigners – check how we can help!