Poland Modernizes: A Unified Guide to the 2025 Landmark Laws on Foreign Employment!
Big changes are on the horizon for foreign nationals looking to work in Poland and the employers who hire them! In March and April 2025, Poland enacted a trifecta of significant laws designed to modernize its legal framework concerning the employment of foreigners. These interconnected pieces of legislation – amending the Act on Foreigners, overhauling the Act on the Labour Market and Labour Market Institutions, and introducing a new Act on the conditions of admissibility of entrusting work to foreigners – aim to create a more streamlined, transparent, and EU-aligned system. A common thread through these reforms is the implementation of key EU Directives, notably those concerning highly skilled workers and conditions of entry and residence.
If you're navigating the Polish labor market as a foreign professional or an employer, understanding how these laws intersect is crucial. Here’s a combined look at the most impactful changes:
1. The "EU Blue Card" Revamped & Mobility Enhanced:
A major focus across the new legislation is making Poland more attractive for highly skilled professionals.
The amended Act on Foreigners significantly updates the EU Blue Card scheme. Key changes include:
Recognizing professional experience as equivalent to higher education qualifications under certain conditions (e.g., three or five years of relevant experience).
Reducing the minimum contract duration for a Blue Card to six months.
Introducing new definitions and permits for "short-term mobility" (up to 90 days for professional activities like meetings or conferences) and "long-term mobility" (over 90 days to work in a highly skilled job in Poland for existing EU Blue Card holders from other member states).
The Act on conditions of admissibility of entrusting work to foreigners aligns its work authorization requirements with these new Blue Card provisions, acknowledging that Blue Card holders and those exercising mobility rights might have specific pathways to work.
The Act on the Labour Market also reflects these changes by updating references and ensuring its services cater to these mobile, highly skilled workers.
2. Clarified Pathways to Work: Permits, Declarations, and Exemptions:
The new Act on conditions of admissibility of entrusting work to foreigners is central to how foreigners can legally work.
It clearly defines who has free access to the Polish labor market without needing a work permit. This often includes family members of EU/Polish citizens, long-term EU residents, refugees, and certain graduates of Polish educational institutions.
For others, a work permit (e.g., general, seasonal, for specific functions like board members) or a registered "declaration on entrusting work to a foreigner" (oświadczenie) for citizens of designated countries (valid for up to 24 months) is required.
These work authorizations directly interact with residence permits governed by the Act on Foreigners. For instance, a foreigner might need a specific visa linked to their work permit or declaration to enter and stay in Poland.
The Act on the Labour Market ensures that public employment services understand these different statuses when providing support to legally residing and working foreigners.
3. Reinforced Employer Obligations Across the Board:
All three acts contribute to a more defined set of responsibilities for entities employing foreigners.
The Act on conditions of admissibility of entrusting work to foreigners mandates that employers:
Verify the foreigner's legal right to stay in Poland before work commences and keep copies of relevant documents.
Conclude a written contract with the foreigner and provide a translation if the foreigner doesn't understand Polish.
Notify authorities of specific changes, such as the foreigner not starting work or early termination.
Ensure remuneration meets legal standards.
The Act on the Labour Market reinforces the need for legal employment practices and outlines penalties for non-compliance.
The amended Act on Foreigners also includes provisions that can impact employers, for example, by specifying conditions under which a residence permit (which might be tied to employment) can be withdrawn if employment terms are violated.
Clear definitions of "illegal entrustment of work" and "illegal performance of work" are established, with significant fines for violations.
4. A Coordinated Push Towards Digitalization:
A common theme is the increasing reliance on IT systems for managing foreign employment processes.
The Act on conditions of admissibility of entrusting work to foreigners and the Act on the Labour Market both emphasize the use of dedicated IT systems for:
Submitting applications for work permits and declarations.
Creating individual online accounts for employers and foreigners to interact with authorities.
Managing registers and facilitating information exchange between different state bodies.
5. Integrated Support and Information Services:
The system aims for better coordination in supporting foreigners.
The Act on the Labour Market details the services provided by Public Employment Services (PUPs, WUPs), such as job intermediation, vocational counseling, and training, which are accessible to foreigners legally on the market.
The Act on Foreigners establishes a national contact point for information exchange related to Blue Card holders and other residents with other EU member states.
The Act on conditions of admissibility of entrusting work to foreigners allows for the creation of specialized support points for foreigners within local labor offices to provide information and assistance regarding labor market access.
What This Means for You:
These legislative changes aim to create a more coherent, modern, and EU-harmonized framework for the employment of foreign nationals in Poland. For highly skilled professionals, particularly Blue Card holders, this could mean greater mobility and clearer rules. For employers, it underscores the importance of due diligence, adherence to legal employment conditions, and embracing digital procedures.
Navigating the New Terrain:
While the goal is to streamline processes, the interplay between these three comprehensive acts introduces a new layer of complexity. For ongoing cases, transitional provisions will apply, meaning previous rules might still be relevant for a period.
The information presented here is a high-level overview. Given the depth and breadth of these reforms, if you are a foreign national planning to work in Poland, an employer, or an advisor in this field, it is strongly recommended to consult the full legal texts or seek specialized legal advice. Understanding the specific details relevant to your situation will be crucial for ensuring compliance and making the most of the new opportunities.
The new laws are generally set to enter into force on the first day of the month following 14 days from their announcement, with some specific provisions having different timelines.