Upcoming changes in the employment of foreigners - what do employers need to know?
- dariakalenikova
- May 6
- 3 min read
On 20 March 2025, the Parliament completed its work on the Act on the conditions of admissibility of entrusting work to foreigners on the territory of the Republic of Poland. This legislation, once signed by the President, will enter into force in the next two months. For many companies, this means a thorough review of procedures related to the employment of foreign workers.
What is changing? What obligations will employers have? Will it be possible to employ foreigners under civil law contracts? Below is a summary of the most important changes.
1. Employment contracts or civil law contracts?
It was originally planned that foreigners could only be employed on the basis of an employment contract. Such a provision was to apply to all employers - including temporary work agencies. However, in the course of legislative work, inter alia, under the influence of numerous comments from industry organisations and the market, the provision was modified. The Sejm adopted an amendment by the Senate, which allows for the employment of foreigners also on the basis of civil law contracts, also by temporary work agencies.
👉 In the end, therefore, the use of employment contracts only was not made compulsory - the flexibility of the form of employment was retained, while control mechanisms and the requirement to report the type of contract in the ICT system were strengthened.
2. Changes that have gone through the entire legislative process
Among the changes that were finally enacted, it is worth mentioning:
Elimination of the labour market test - employers will no longer be required to obtain the so-called ‘starost's information’ unless the foreigner's profession is on the list of ‘restricted’ professions.
Full electronicisation - applications for work permits submitted exclusively online (via praca.gov.pl). This also applies to appeal proceedings and notifications.
Permits for new companies - for new entrants, a work permit will be issued for a maximum of 1 year.
Minimum working time requirement - not less than 1/4 FTE, otherwise the permit will not be issued.
Social Security obligations - an employer in arrears with contributions may be refused a work permit.
Restrictions on fictitious companies - authorities will be able to refuse to issue a permit if they consider that the employer's action is only to allow the foreigner to enter Poland.
3. New administrative obligations for employers
The new regulations provide for a number of obligations, including:
Attaching a copy of the foreign worker's contract (civil law or employment contract) to the application,
Obtaining and storing personal data and documents confirming the legal residence and identity of the foreign worker
4. Penalties and inspections - what can be expected?
The new legislation provides for an increase in penalties for the illegal employment of a foreigner:
from the current PLN 1,000 to PLN 30,000
up to PLN 3 000 - 50 000.
The Senate also tried to increase penalties for other violations of labour rights, but it was considered that this area is regulated by the Labour Code and the changes should not be introduced on the occasion of the Act on foreigners.
Importantly, the Sejm reinstated the possibility of unannounced inspections by the Border Guard and the PIP regarding the legality of employment, which the Senate wanted to remove.
💡 What should employers do?
This is the last moment to adapt recruitment procedures and documentation to the new regulations. In 2025, the State Labour Inspectorate announces as many as 55,000 inspections, with a particular focus on the legality of the employment of foreigners.
