Employment of Foreigners in Poland After the Changes: Overview of New Requirements for Employers and Consequences of Illegal Employment

Poland, being one of the key destinations for labor migration in Europe, regularly adapts its legislation. Recent and planned changes in the regulation of foreign employment are aimed at unifying procedures, strengthening control over work legality, and combating illegal employment. These changes impose new obligations on employers and significantly increase risks in cases of non-compliance with the law.

Subtopic: Work Permit in Poland and Legalization Options

In Poland, there are several main mechanisms for legalizing the employment of foreigners, each of which requires the active participation of the employer.

Zezwolenie na pracę (Work permit)

Up to 3 years (type A, B, C, D, E)

General procedure for all foreigners. Issued by the Voivode. Requires a labor market test (Opinia Starosty) unless the profession is in shortage or the foreigner is exempt from this requirement.

Zezwolenie typu S (Seasonal permit)

Up to 9 months per calendar year

For work considered seasonal (agriculture, tourism, etc.).

Single permit (Karta Pobytu i Pracy)

Up to 3 years

A permit for temporary residence and work, allowing legal residence and employment in the specified position.

Important change:It is planned to simplify employment based on an Umowa o Pracę (employment contract) and introduce a requirement that, to obtain a permit, the minimum possible working time must be at least 1/4 of full-time hours. For many categories, the requirement of Opinia Starosty (labor market test) may also be abolished as overly bureaucratic.

Foreigners entitled to work without a permit (Free access to the labor market):Some categories of foreigners are not required to obtain a work permit (Zezwolenie):• Holders of the Polish Card (Karta Polaka).• Graduates of Polish universities and full-time students.• Spouses of Polish citizens with residence permits for family reunification.• Holders of permanent residence permits or EU long-term resident status.• Ukrainian citizens legalized under the Special Act (regulated by separate rules — usually notification of employment is sufficient).

New Obligations for Employers: Notifications and Contracts

The new regulations significantly expand the range of situations in which an employer must inform the relevant authorities (the Voivode or the Poviat Labor Office). The main goal is to ensure the accuracy of data and efficient monitoring of legal employment.

1. Mandatory notifications regarding employment relations:The employer is obliged not only to report the start of work but also cases of non-appearance or termination.

Situation

Notification deadline

To whom to report

Employee not starting work

Within 7 days from the date indicated as the start date in the permit/declaration

Relevant authority (Voivode/Starosta)

Termination or early cancellation of the employment contract

Within 15 days from the termination of employment

Voivode (for employees with temporary residence/work permits). Previously, this obligation rested only on the employee; now it is mutual.

Change of working conditions

Without delay

Voivode

Attention! Employers are obliged to inform the Voivode or Starosta about changes in organizational conditions (reorganization, increase in working hours, change of job title while maintaining duties) or change in the type of contract (e.g., from civil law to employment contract).

2. Strengthening control over the type of contract:There is a trend toward tightening requirements regarding the type of employment contract. A draft law is under consideration stipulating that work permits will be issued only under the condition of concluding an Umowa o Pracę(employment contract), excluding civil law contracts (Umowa zlecenieand Umowa o dzieło).

If this change is adopted, it will lead to:

1. An increase in labor costs for employers (due to mandatory social security contributions to ZUS).
2. Greater social protection for foreigners (paid vacations, sick leave).

Consequences of Illegal Employment: Sanctions for Employers and Foreigners

Polish law provides strict penalties for illegal employment, affecting both employers and workers.

Sanctions for the Employer:Employment is considered illegal when:• The foreigner does not have a valid work permit (where required).• Working conditions (position, hours, salary) do not correspond to those specified in the permit.• The employer fails to notify about the start/non-appearance/termination of work within the set deadline.

Violation

Fines and sanctions

Illegal employment

Fine from PLN 3,000 (minimum) to PLN 30,000 (maximum). In cases of repeated or serious violations — up to PLN 50,000 or criminal liability.

Gaining material benefits from employment or misleading the employee

Fines may be increased up to PLN 50,000.

Additional restrictions

The Voivode may refuse to issue new permits to a dishonest employer. Possible exclusion from participation in public tenders.

Sanctions for the Foreigner:

1. Fine:Usually from PLN 1,000 to PLN 5,000.
2. Deportation:Recognition of work as illegal serves as grounds for an administrative return decision (deportation) and the imposition of an entry ban to the Schengen area for a period from 6 months to 5 years.
3. Annulment of documents:Annulment of a visa or temporary residence permit.

Summary

The new regulations require Polish employers to maintain greater discipline and responsibility. The increased number of mandatory notifications and strengthened oversight by the Border Guard and National Labor Inspectorate make non-compliance with the law too risky. For foreigners, these changes are aimed at improving social protection through emphasis on employment contracts, but they also increase responsibility for working without proper legalization.

For more detailed information about a specific type of work permit or the notification procedure for an employee’s non-appearance, visit: magfin.pl