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As of 1 June 2025, significant amendments to the legal provisions governing the employment of foreigners on the territory of the Republic of Poland have entered into force. The primary objectives of these changes are to reduce abuse in the labour market, improve administrative procedures and fully digitalize the processes related to the legalization of foreigners employment.

Under the legal definition, a foreigner is anyone who does not hold Polish citizenship. However, it should be noted that the provisions of the Act of 20 March 2025 on the Conditions of Admissibility of Foreigners Employment on the Territory of the Republic of Poland (hereinafter referred to as “Act”) do not apply to nationals of European Union Member States, the European Economic Area or the United Kingdom of Great Britain and Northern Ireland, for the latter the EU-UK Withdrawal Agreement shall apply.

One of the key changes introduced by the new provisions is the requirement to conclude the employment contracts with foreigners in written form. The only exceptions to this rule concern the appointment of a foreigner to perform functions such as a member of the management board of a legal entity registered in the National Court Register (KRS) or company in organization, a representative of a limited partnership or joint-stock limited partnership or a commercial proxy (prokurent). Furthermore, if an employment contract is concluded exclusively in a foreign language, the employer is obliged to provide a certified Polish translation of the contract prepared by a sworn translator. This translation must be retained for the entire duration of employment and for a period of two years following the end of the calendar year in which the employment relationship was terminated. Pursuant to the new regulations, employers are also required to ensure that the remuneration offered to foreigners is not lower than the applicable minimum wage or minimum hourly rate, referred to in the minimum wage regulations. This obligation applies to both employment contracts and civil law contracts.

A particularly important change introduced by the Act is the exclusion of the possibility for foreigners for legal employment, if their stay in Poland is based on a visa issued by another Schengen Area country or under a visa-free regime, the latter restriction applies specifically to nationals of countries listed in the relevant special provisions.

In addition, the amended provisions impose a number of new information obligations on employers hiring foreigners. These include the duty to notify the competent public administration authorities of any organizational changes, such as a change of registered office, company name or legal form. Employers should also inform the head of poviat (starosta) who registered the statement of work entrustment to a foreigner about the commencement, non-commencement or early termination of employment. The timeframe for notifying the head of voivodeship (wojewoda) who issued the work permit about the non-commencement, interruption or early termination of employment by foreigner has been shortened from three months to two.

The new regulations introduce full digitalization of procedures related to the legalization of foreigners employment. As of 1 July 2025 – in the case of statements of work entrustment and seasonal work permits – and as of 1 August 2025 – in the case of standard work permits – employers are required to submit copies of employment contracts concluded with foreigners in Polish via the designated electronic system. Moreover all actions related to obtaining work permits or submitting statement of work entrustment to a foreigner should be carried out exclusively through the dedicated online platform available at: https://www.praca.gov.pl/eurzad/strona-glowna.

It is also important to note that the new legislation provides for criminal sanctions in the form of fines ranging from 3,000 PLN to 50,000 PLN for each violation. At the same time, the legislator abandoned the obligation to conduct the so-called labour market test – a procedure whereby head of poviat (starosta) confirmed the unavailability of suitable candidates among registered unemployed persons. Instead, the aforementioned entity is now authorized to define lists of professions and types of work for which work permits will not be issued, i.e. in the event of mass redundancies.

The legislative reform represents a significant step toward organization and modernization of the system for employing foreigners in Poland. It is also intended to prevent remuneration understatement and ensure equal treatment of foreigners in the Polish labour market. Employers are strongly encouraged to familiarize themselves thoroughly with the new obligations arising from the Act, not only to avoid the risk of substantial financial penalties but also to ensure full compliance with the current legal framework.