Employment of foreigners. Draft amendment against the background of current regulations

Will the regulations on the employment of foreigners in Poland change in 2025? It is possible, as there is already a draft bill in this regard. Its latest version does not provide for the introduction of the obligation to conclude employment contracts with some foreigners. This is good news for employers, but experts still point out some inconsistencies in the draft regulations. How can you obtain a work permit for a foreigner in Poland today? What solutions are present in other EU countries?

Employment of foreigners: new regulations

The draft bill on the conditions for the admissibility of employing foreigners in the territory of the Republic of Poland was published in May 2024 on the website of the Government Legislation Centre. Its latest version, after a wave of criticism from the employer community and the SME Ombudsman, rejects the introduction of the obligation to conclude employment contracts with foreigners from 1 January 2025.

Although the planned changes are intended to simplify administrative procedures, some of them raise doubts. This mainly concerns the requirement to employ a foreigner on a full-time basis on a declaration of entrusting work to a foreigner. The simplified procedure is to be provided only for employees from Armenia, Belarus, Georgia, Moldova and Ukraine.

According to experts, these regulations raise doubts. Specialists point out that the provision on fast-track employment for citizens of selected countries equals unequal treatment. So let’s check what the situation looks like in other EU countries.

Employment of foreigners – diversity of regulations in the European Union

Although in principle the freedom of movement of workers remains the most important in the EU, individual countries have slightly different regulations, resulting, among other things, from differences in their economic and social situation. According to Article 45 of the Treaty on the Functioning of the European Union, EU citizens have the right to:

• look for a job in another EU Member State,
• take up work in such a country without having to apply for a work permit,
• live in this country for professional reasons,
• stay there even after their employment contracts expire,
• be treated equally with citizens of a given country in terms of employment, working conditions and other social and tax advantages.

EU member states take different approaches to employment, for example most EU citizens do not need a work permit in Switzerland, but there are restrictions for Croatian citizens, they need such a permit.

In addition, the regulations in force in some countries often concern solutions such as:

• Points system: Many countries have a points system that evaluates the qualifications, professional experience and knowledge of a foreign language of a potential employee.
• Lists of shortage professions: In some countries, there are lists of professions for which there is particularly high demand and then simplified hiring procedures apply.
• Quotas: Some countries have limits on the number of foreigners who can take up employment in a given year, e.g. Liechtenstein applies limits on the number of people who can live and work there.
• Employment requirements, labour market test: In some cases, employers are required to prove that they have not found a suitable candidate among the nationals of a given country before employing a foreigner, e.g. Polish unemployed or job-seeking people have priority in employment over foreigners.

Hiring foreigners from outside the EU? Watch the video from our webinar.

Work permit in Poland for a foreigner – what is the procedure?

The procedure for obtaining a work permit for a foreigner in Poland may vary depending on the type of work, the employee’s qualifications and their citizenship. However, generally speaking, this process requires the involvement of both parties, i.e. both the employer and the foreigner taking up the job.

The following persons can work in Poland without a work permit:

• Citizens of the European Union,
• European Economic Area, and
• Switzerland.

Entrepreneurs can also delegate employees from the above-mentioned countries to work in Poland.

Are you planning to hire employees from abroad? Take advantage of our services for companies

Typically, the procedure involves several different steps, such as:

• Employer’s application for issuing the required work permit (if necessary): the employer submits the application for issuing a work permit, this application should include detailed information about the job position, qualification requirements and justification for the need to employ a foreigner.
• Labour market test: in some cases, before issuing a permit, the employer must conduct a so-called labour market test, which aims to check whether there are no unemployed Polish citizens on the labour market or those looking for work for a given position.
• Issuance of a work permit: after the positive completion of the process, the governor issues a work permit. This permit specifies, among other things, the type of work, the time of its performance and the terms of employment, but it should be remembered that a work permit issued to a foreigner or a declaration made about entrusting work to a foreigner is not a document confirming employment, it is a document confirming that the foreigner has the right to legally perform work under the conditions indicated therein in a given enterprise.
• Submission of documents by a foreigner: a foreigner who has received a work permit must have a valid residence permit entitling him or her to work (an appropriate residence card or visa).

Types of work permits in Poland

In Poland, there are several types of work permits for foreigners, which differ depending on the nature of the work performed, the employee’s qualifications and their citizenship. The following types of permits are most often issued:

• Type A permit: a permit issued when a foreigner is employed by an entity whose registered office or place of residence or branch, plant or other form of business activity is located in the territory of the Republic of Poland.
• Type B permit: a permit issued when a foreigner intends to perform work involving the performance of a function in the management board of a legal person entered in the register of entrepreneurs or being a capital company in organisation for a period exceeding a total of 6 months within the following 12 months.
• Type C, D and E permits: These are permits intended for more specialist cases, such as: delegation for the purpose of providing a temporary and occasional service, i.e. export service.

Each type of permit is associated with different requirements and conditions. It is worth emphasizing that the regulations regarding the employment of foreigners are subject to regular changes, so we recommend checking the current legal regulations each time. Employment of foreigners: find out how we can help

In addition, it is important for both the employer and the foreigner to carefully familiarize themselves with the applicable regulations and requirements in order to avoid problems related to the legality of employment.

TGC Law Firm:
Legal advice in the field of labour law for your company