By Michał Wysłocki – expert in Polish immigration law, manager in the Immigration Team, People Advisory Services, EY Poland
As immigration laws in Poland continue to evolve, how prepared is your business for labour inspections? If your company employs non-EU foreigners in Poland, either locally or by delegating them from abroad, you face several obligations. Properly meeting these obligations is crucial now, as the Polish parliament is working on new immigration laws that will soon change the rules for employing foreigners in Poland. Additionally, the Polish labour inspection plans to conduct up to 55,000 inspections in 2025, focusing on the legality of employment of foreigners and the correctness of employee delegation to and from Poland.
It’s essential to verify if your company is ready for such an inspection. Here are key areas to review to minimise the risk of fines and other negative consequences, including reputational damage, associated with illegal employment of foreigners in Poland.
Legality of foreigners’ stay in Poland
Employers must ensure that foreigners present a valid document authorising their stay in Poland before starting work and retain copies of these documents throughout the employment period. This means employers need to:
- Verify that foreigners’ documents, such as passports, visas, or residence cards, allow them to stay in Poland, and determine the duration
- Confirm that the purpose of stay permits the foreigner to work in Poland. For example, a tourist visa, while allowing a stay in Poland, does not permit employment
Residence documents can have varying validity periods, from visa-free stays and Schengen visas allowing a 90-day stay, to national visas valid for up to 365 days, and temporary residence permits valid for three, sometimes even up to five years.
Employers must also ensure the legality of the foreigner’s stay at the time of employment and also when the time comes to renew these documents. In Poland, renewing residency rights must be initiated well in advance, often several months, due to the lengthy processing times of Polish immigration offices.
Legality of foreigners’ employment
As a rule, foreigners from outside the EU, EEA and Switzerland must have a work permit to work in Poland, and it is the employer’s obligation to obtain such a document. Currently, this can be a work permit (available for all foreigners), a statement on entrusting work to a foreigner (available for citizens of Armenia, Belarus, Georgia, Moldova, and Ukraine), or a notification on entrusting work to a Ukrainian citizen. It can also be a temporary residence permit for employment purposes obtained by the foreigner themselves. The appropriate document depends on the foreigner’s citizenship and their current residency status in Poland.
There are several specific cases where foreigners are exempt from needing a work permit, such as students of Polish full-time studies, spouses of Polish or EU citizens, holders of the Pole’s Card (Karta Polaka), or permanent residence permits. This exemption facilitates and expedites foreigner employment by bypassing the work legalisation process. However, employers must still verify whether the specific foreigner is indeed exempt from needing a work permit.
For foreigners delegated to Poland by foreign entities, in addition to obtaining the appropriate work permit, it is necessary to notify the Polish labour inspection office (PIP) about the commencement of the delegation and the details of the foreigner’s work.
Special situation of Ukrainian citizens
Due to the armed conflict in Ukraine, Poland has introduced special regulations legalising the stay of Ukrainian citizens until 30 September 2025, without the need for additional permits, a term likely to be extended until 4 March 2026, following European regulations. Ukrainians also have the right to establish and run sole proprietorships in Poland and to work without a work permit. However, the employer must notify the Polish labour office within seven days of entrusting work to a Ukrainian citizen.
Compliance with work conditions specified in permits
Employing a foreigner who is not exempt from needing a work permit is only possible within the term, for the employer, and under the conditions specified in the work legalisation document. Current regulations allow certain changes in employment conditions without the need for a new work permit or modifying the existing temporary residence and work permit. For example, changing the foreigner’s job title while maintaining the same scope of duties with the same employer does not require re-legalisation, but does require notifying the relevant authority.
When hiring a foreigner who has previously worked in Poland, the new employer usually needs to obtain new documents legalising their work for the new employer.
Form and language of contracts with foreigners
Regulations require that the contract with a foreigner be in writing and presented to the foreigner in a language they understand before signing. Failure to comply with this obligation can result in a fine.
Document storage requirements
Employers must keep specific documents demonstrating the legality of a foreigner’s employment, including:
- A copy of the foreigner’s passport
- A copy of the document confirming the legality of the foreigner’s stay in Poland
- Documents confirming the foreigner’s right to work in Poland or confirming their exemption from needing a work permit
- The employment contract in written form
Informational obligations
Employers must meet various informational obligations towards different authorities within specified deadlines. Failing to do so or providing false information can result in fines.
For example, when employing a foreigner based on a work permit, employers must notify the relevant voivode within seven days of certain circumstances, such as the foreigner ending work more than three months before the work permit’s expiration or changes in the employer’s address, name, or legal form. These are just selected examples of situations requiring notification. It’s essential to know all such obligations and monitor the employment of foreigners to make timely notifications and avoid liability.
Consequences of illegal employment of foreigners
According to Polish regulations, anyone entrusting illegal work to a foreigner is subject to a fine of 1,000 to 30,000 złotys. Foreigners working illegally are also subject to fines. And fines are not the only problem. If a company is fined twice for illegal employment within two years, Polish authorities may refuse to legalise the employment of any foreigner for that company. Ignoring these obligations can lead to a complete loss of the ability to employ foreigners.
Additionally, reputational damage can be significant. Information about illegal foreign employment in a company can harm its reputation and reduce foreigners’ interest in applying to such a company.
Better safe than sorry!
To avoid liability and reputational damage associated with illegal employment of foreigners, the most effective methods, also offered by EY Immigration in Poland, include:
- Training: Polish immigration law is a broad topic, and essential knowledge for companies employing foreigners can be acquired through expert-led training for recruiters and HR teams.
- Audit: Verifying the current employment practices and documentation can reveal irregularities, allow for corrections, and establish correct standards before an inspection by the labour inspection or Border Guard.
- Professional immigration advice: In the maze of regulations and inconsistent practices of consulates, labour offices, and voivodship offices, the assistance of an immigration lawyer can be invaluable in planning and executing the employee migration process, obtaining all necessary permits, and ensuring all informational obligations are met on time on behalf of the employer.
Michał Wysłocki – is an expert in Polish immigration law, manager in the Immigration Team, People Advisory Services EY Poland; a representative of major employers hiring foreigners in Poland; expert for Polish employer organisations: Business Centre Club, the Association of Business Service Leaders in Poland, and a member of the advisory committee on the free movement of workers at the European Commission.
