As of 1 June 2025, a new law will enter into force in Poland, governing the conditions for legally employing foreign nationals. These regulations are of key importance for employers who currently hire or plan to hire foreign workers. The aim of the new law is to simplify administrative procedures, enhance labour market security standards, and adapt legal provisions to the realities of a modern economy.
What are the main changes?
- Digitalisation of procedures – employers will now be able to submit applications for temporary residence, permanent residence, and EU long-term resident permits via a new digital platform: the Case Handling Module (MOS). The goal is to streamline and accelerate administrative processes.
- Tougher penalties for illegal employment – fines ranging from PLN 3,000 to PLN 50,000 will apply for each instance of illegal employment of a foreign national. Additionally, the Border Guard and State Labour Inspectorate will be authorised to carry out unannounced inspections.
- Changes to the EU Blue Card – the provisions have been aligned with Directive 2021/1883/EU, facilitating the entry and residence of third-country nationals employed in highly skilled professions.
- Shorter qualifying period for permanent residence – the minimum period required to apply for a permanent residence permit will be reduced from 5 years to 3 years for individuals demonstrating professional and social stability in Poland.
What is considered illegal employment of a foreign national?
The law introduces a clearer and more structured definition of illegal employment. It includes assigning work to a foreign national who:
- is residing illegally in Poland, or
- does not hold a residence permit allowing employment, or
- has not obtained a required work permit or a registered statement of work intent (if applicable), or
- is employed under different terms or in a different role than specified in the relevant permit or registered statement, or
- is employed under different terms than specified in a temporary residence and work permit under the 2013 Act on Foreigners, or does not have a written employment agreement.
More grounds for denying a work permit
Voivodes (provincial governors) will be authorised to refuse work permits not only for prior breaches of employment law. Under the new provisions, denial may also occur if, for instance, the employer is not a legally registered temporary employment agency and intends to outsource work – a measure aimed at curbing abuses in the temporary employment sector.
Higher penalties for illegal employment
The revised law significantly increases the penalties for non-compliance:
- Fines up to PLN 10,000 – labour inspectors will be able to issue fines independently, without court involvement.
- Fines up to PLN 50,000 – for illegal employment, requesting bribes from foreign workers, or obstructing inspections.
- Minimum fine of PLN 3,000 per person – for each case of illegal employment.
- Fines starting at PLN 6,000 per person – in cases of intentional wrongdoing or abuse of position.
A major change is the introduction of proportional penalties – the more foreign nationals are found to be employed illegally, the higher the cumulative fine. This creates a real financial risk for organisations operating on a larger scale.
What are employers’ key obligations under the new law?
Employers intending to hire foreign nationals must comply with several obligations, including:
- obtaining the appropriate work permit or registering a work intention statement (if required),
- signing a written employment contract,
- retaining a copy of the employee’s residence permit for the entire period of employment and for two years thereafter,
- submitting a copy of the employment agreement to the relevant authority before hiring (or within 7 days for seasonal work),
- presenting the employment contract in a language understood by the foreign national (if they do not speak Polish),
- keeping proper records of employment-related documentation.
What does the new law mean for employers?
The new legislation introduces significant changes that, if ignored, may lead to serious financial consequences. Employers should take immediate steps to:
- Review internal hiring procedures for foreign nationals to ensure compliance with the new documentation and notification requirements,
- Train HR staff and personnel responsible for employment legalisation,
- Prepare for fully digital processes and communication with authorities,
- Expect unannounced inspections from relevant bodies,
- Carefully assess employment structures – particularly whether outsourcing arrangements may conflict with the new rules.
The Act of 20 March 2025 offers both opportunities and risks. On the one hand, it simplifies and clarifies the rules for employing foreign nationals; on the other, it introduces strict sanctions for non-compliance. Employers should act now to prepare for the upcoming legal landscape. We strongly recommend conducting an internal compliance audit and implementing necessary changes well in advance of any inspection.
At Nexia Advicero, our specialists are ready to provide end-to-end support throughout this process – please don’t hesitate to contact us.
