The long-awaited Act on the Conditions for the Admissibility of Entrusting Work to Foreigners in the Republic of Poland came into force on 1 June 2025, replacing the previous legislation on employment promotion and labour market institutions. Although the Act on Foreigners, which covers issues such as visas and temporary residence permits, remains in force, the rules on employing foreign workers have changed.
The new regulations set out the procedure for entering and staying in Poland to work, as well as the consequences of employing someone who is staying illegally.
Let’s take a look at how to obtain a work permit for a foreign national after 1 June 2025.
Employment of foreigners by a Polish entity
As before, employing a worker from a third country requires their residence and work to be legalised.
In accordance with the Act, a foreign national may work in Poland on the terms specified in their permit, provided they are entitled to stay in Poland on the basis of, among other things, the following:
- A visa issued for the purposes of work, vocational training, study, an internship or business activities. This refers to Polish visas issued by a Polish consulate. Documents issued by other Schengen countries are not currently a legal basis for working in Poland. Therefore, a foreign national holding a visa from another Schengen country, regardless of its purpose, may not take up legal employment in Poland
- A temporary residence permit
- A valid application for a temporary residence permit until the decision on the application becomes final
- A residence document issued by another Schengen country (but only for a limited period of up to 90 days)
- In the context of visa-free travel (a new restriction has been introduced, whereby the Minister of Labour may specify a list of countries whose citizens will not be permitted to take up employment during their stay in Poland as part of visa-free travel)
IMPORTANT NOTE: Restrictions on the legalisation of employment based on a residence permit issued by another country
It is also worth mentioning that the ‘new rules’ introduce restrictions on applying for a single permit for temporary residence and work in Poland.
In accordance with Article 116 of the Act on Foreigners, the relevant authority will refuse to initiate a procedure for granting a permit if the foreign national is staying in Poland on the basis of a long-term visa or residence permit issued by another Schengen country at the time the application is submitted.
In practice, this excludes the previous model, whereby a foreign national could work in Poland on the basis of a Polish work permit and a residence card from another Schengen country (entitling them to stay in Poland) while simultaneously applying for a temporary residence permit in Poland to legalise their stay. This solution is no longer possible.
Applications must be submitted electronically
The new regulations stipulate that applications and supporting documents must be submitted electronically via the website praca.gov.pl. Documents submitted by post in paper form will not be considered.
This rule also applies to means of recourse against decisions and all notifications required by the Act (e.g. notification of a foreigner’s failure to take up employment within the prescribed time limit).
Employers remain involved in the work permit issuance process, while the jurisdiction of the provincial governor (Polish: wojewoda) who examines the application is determined by the location of the registered office or permanent residence of the Polish entity offering employment.
From 1 June 2025, it will no longer be necessary to submit information from the district governor (Polish: starosta) in order to obtain a work permit for a foreigner.
When to apply for a change to a work permit
The work permit specifies:
- Details of the Polish employer
- Details of the employee
- Position or type of work performed
- Working time
- Minimum remuneration to be received by the foreigner in a given position
- Type of contract on which the work is based
- Period of validity of the permit
A change to the work permit is not required in the following cases:
- The employer’s registered office, company name or legal form has changed
- The workplace has been transferred in accordance with Article 23(1) of the Labour Code
- The job title has changed without a change in the scope of duties
- The working time has been increased, with a corresponding increase in remuneration
- The employer has assigned the foreign worker to perform duties other than those specified in the permit, for a total period not exceeding 30 days in a calendar year
In such cases, it is only necessary to notify the provincial governor who issued the permit.
In summary, the permit must be changed if the employer wishes to assign the foreign national to different work for more than 30 days in a calendar year, or reduce their remuneration.
Other obligations of the employer towards foreign employees
One new obligation is to provide the foreign employee with a written statement informing them of their right to join a trade union. This statement must be written in a language that the employee can understand.
This obligation applies to foreigners employed either under a contract of employment or a civil law contract.
Furthermore, if the employment contract has been drawn up only in Polish and the foreign employee does not speak Polish, the employer must provide a certified translation.
Therefore, it is good practice to draw up contracts in a bilingual version, i.e. in Polish and in a language that the foreigner can understand. If the contract is signed in this form, a certified translation will not be required.
In our next issue, we will explain how foreign employers who wish to post their employees to work (provide services) in Poland can obtain a work permit.
Any questions? Contact us
Angelika Stańko
