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?
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.
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:
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:
Hiring foreigners from outside the EU? Watch the video from our webinar.
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:
Entrepreneurs can also delegate employees from the above-mentioned countries to work in Poland.
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Typically, the procedure involves several different steps, such as:
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:
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.
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