Poland Streamlines Rules for Foreign Workers: A Look at the New 2025 Act!
Navigating the rules for employing foreign nationals in Poland is about to change. A new comprehensive "Act on the conditions of admissibility of entrusting work to foreigners on the territory of the Republic of Poland," dated March 20, 2025, sets out to redefine the landscape. This legislation aims to clarify access to the Polish labor market for foreigners, define the roles of relevant authorities, and outline procedures for legal employment. It also introduces provisions for special programs to support the professional activation and social integration of foreigners, financed from the Labour Fund. If you're a foreign national looking to work in Poland, or an employer considering hiring talent from abroad, these updates are crucial.
Who Can Work and How? Understanding the Basics
The new Act categorizes foreigners and their access to the Polish labor market:
Free Access: Certain groups of foreigners will continue to have unfettered access to the labor market. This typically includes family members of EU/EEA citizens residing with them in Poland, those with permanent residence permits or EU long-term resident status in Poland, refugees and those under subsidiary protection, and individuals with temporary residence permits granted under specific circumstances (e.g., for family reunification with certain categories of residents). Graduates of Polish secondary schools with vocational qualifications and Polish higher education institutions also benefit from easier access.
Work Permits & Declarations: For many other third-country nationals, working in Poland will require either a specific work permit or a registered "declaration on entrusting work to a foreigner" (oświadczenie o powierzeniu pracy cudzoziemcowi).
Key Changes and What They Mean:
1. Redefined Terms: The Act provides clear definitions for "foreigner," "illegal entrustment of work to a foreigner," and "illegal performance of work by a foreigner". This aims to reduce ambiguity for both employers and employees.
2. Work Permits – Tailored to Needs:
The legislation outlines different types of work permits, including:
Permits for work with a Polish entity entrusting work.
Permits for specific functions, such as serving on the management board of a legal entity or as a procurator.
Permits for foreigners delegated by a foreign entity.
Seasonal work permits for activities specified by the Council of Ministers, valid for up to 9 months in a calendar year. Work permits are generally issued for a fixed period, typically not exceeding 3 years, upon application by the entity entrusting the work.
3. "Oświadczenie" (Declaration) System Refined:
For citizens of specific countries (to be listed in a separate regulation by the Minister of Labour ), a simplified procedure involving a "declaration on entrusting work to a foreigner" registered by the local староста (county head) will be available. This declaration allows work for up to 24 months. The Act details the information required in the declaration and the conditions for its registration.
4. Employer Obligations – Know Your Responsibilities:
Entities entrusting work to foreigners have several key duties:
Verification: Before work commences, they must demand a valid document authorizing the foreigner's stay in Poland and keep a copy throughout the employment period.
Written Contracts: A written contract must be concluded with the foreigner before they start work. If the contract is in Polish and the foreigner doesn't speak the language, a translation into a language understood by the foreigner must be provided.
Reporting Changes: Employers must notify the relevant authority (e.g., the Voivode who issued the permit or the староста who registered the declaration) of certain changes, such as the foreigner not starting work or terminating employment earlier than expected.
Fair Conditions: The foreigner's remuneration must not be lower than that of other employees in comparable positions or lower than the national minimum wage. For delegated workers, pay should not be less than 70% of the average monthly salary in the voivodeship.
5. Streamlined Processes through IT Systems:
The Act emphasizes the use of IT systems for submitting applications for work permits, declarations, and related documents. Individual online accounts will be available for entities entrusting work and for foreigners, facilitating communication with authorities.
6. Penalties and Enforcement:
The Act specifies fines for violations, such as illegally entrusting work, illegally performing work, or demanding prohibited fees from foreigners for work placement. Penalties range from PLN 1,000 to PLN 50,000, depending on the offense.
7. Activation and Integration Programs:
The Minister of Labour can develop dedicated activation programs for foreigners legally residing in Poland, focusing on professional activation, integration, and social activity, financed by the Labour Fund. This may include co-financing Polish language courses for specific professional groups like doctors and nurses.
Looking Ahead:
This new Act signifies a major overhaul of the regulations governing the employment of foreigners in Poland. It aims to create a more transparent, efficient, and regulated system. However, the legislation is complex, and its practical application will involve detailed procedures and further implementing regulations.
The information provided here is a general overview. Given the complexity and the far-reaching implications of these amendments, if you are a foreign national considering working in Poland, an employer of foreign staff, or an advisor in this field, it's crucial to consult the full legal text or seek professional legal advice to understand precisely how these changes might affect your specific situation.
The Act is scheduled to entered into force on the 4th of April 2025r, so the time to get informed is now!
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