Employment of foreign nationals in Poland – new act, new regulations, new challenges

As of 1 June 2025, a legislative package amending the regulations governing the employment of foreign nationals in Poland will enter into force. The amendments introduce substantial modifications to the procedures related to both the employment and the legalisation of residence of foreigners in the territory of the Republic of Poland.

Current Legal Framework

At present, the employment of foreign nationals in Poland is primarily regulated by two legal acts:

• the Act of 20 April 2004 on Employment Promotion and Labour Market Institutions,
• the Act of 12 December 2013 on Foreigners.

Pursuant to these acts, two principal legal instruments are applied: work permits and declarations on the intention to entrust work to a foreigner. Citizens of six designated countries – including Ukraine, Moldova and Georgia – benefit from simplified procedures facilitating access to lawful employment. Ukrainian nationals are further entitled to preferential treatment under special provisions adopted in response to the armed conflict.

Despite the existence of simplified mechanisms, the current system is subject to criticism due to excessive formalism, delays in administrative proceedings, and instances of abuse and fraudulent practices.

Key Changes Introduced by the New Legislation

The new legislation is intended to streamline procedures for both employers and foreign workers. It introduces, inter alia:

1. Unified and simplified employment rules – reduction of formal requirements, establishment of a centralised service system.
2. Mechanisms for the prevention of irregularities – elimination of shell companies and fictitious employment.
3. Enhanced protection of foreign workers – particularly in the area of pay equality and transparency of employment terms.
4. Adaptation of regulations to the needs of the national economy – addressing increasing labour demand across various sectors.

Procedural Amendments

1. Digitalisation as a General Rule

The entire procedure – from the submission of applications to communication with authorities – will be conducted via digital means. The platform praca.gov.pl will serve as the central administrative interface, enabling:

1. online submission of employment applications,
2. real-time monitoring of case status,
3. electronic correspondence with public authorities.

Assistance will be made available at designated contact points for individuals with limited digital competence.

2. Amendments to the Declaration Procedure

The existing model allowing employment based on a declaration for up to 24 months will remain in force, albeit in a modified form:

• all declarations must be submitted exclusively through digital channels,
• verification of remuneration against comparable Polish workers will be mandatory,
• the process for extending employment periods will be simplified.

3. New Remuneration Standards

The introduction of the principle of remuneration comparability entails that:

• regional labour offices will conduct biannual assessments of wage levels,
• employers will be obliged to demonstrate compliance with local remuneration standards,
• the Minister of Labour will receive periodic reports on the wage situation.

This measure is intended to counteract wage dumping and ensure fair market competition.

New Employer Obligations

From 2025 onwards, entities employing foreign nationals must comply with additional statutory obligations, including:

1. Submission of the Employment Contract to the Authorities

• Employers are required to promptly submit a copy of the employment contract to the competent district authority (starosta).
• The contract must be executed in Polish and accompanied by a translation into a language comprehensible to the employee.
• Failure to comply may result in a financial penalty ranging from PLN 1,000 to PLN 3,000.

2. Informing the Employee of Their Rights

Prior to commencing employment, the foreign national must be provided – in writing or electronically – with information concerning:

1. employment terms and remuneration,
2. occupational health and safety regulations and internal rules,
3. rights related to trade union membership,
4. access to social security benefits.

This information must be conveyed in a language understood by the employee and duly acknowledged by signature.

3. Documentation of Remuneration Levels

Employers will be required to:

• provide justification for the level of remuneration,
• maintain comparative documentation (e.g. market wage data for similar positions),
• ensure that such data is regularly updated.

Non-compliance may result in administrative fines of up to PLN 50,000 and may hinder the employer’s ability to obtain future employment permits.