On 1 June 2025, reformed regulations on the legalization of the employment and residence of foreigners in Poland entered into force. These changes aim to strengthen oversight of migration processes, align Polish law with European Union requirements, adapt the labor market to the growing number of foreign workers, and ensure better protection of employee rights.
Key elements of the reform include the full digitalization of procedures and the expansion of grounds for refusal in legalization proceedings.
What is the main improvement in the legalization process?
The most significant improvement is that matters concerning the employment of foreigners can now be handled entirely online through the Praca.gov.pl portal.
This applies to:
1) Applications for work permits,
2) Declarations of entrusting work to foreigners,
3) Submission of supporting documentation and required attachments.
When can an application for residence and work be refused?
As of 1 June 2025, the list of grounds for refusing to initiate proceedings for a temporary residence and work permit has been significantly expanded. Applications will not be accepted from foreigners who:
1) Hold visas issued for tourism, private visits, sports events, cultural activities, or conferences.
2) Are in Poland for first- or second-cycle studies, uniform Master’s programs, doctoral schools, vocational training, or other forms of education and training.
3) Hold visas for transit (including airport transit), medical treatment, or participation in cultural, educational, humanitarian, or holiday work exchange programs. (Previously, restrictions applied only to tourist visas and family visit visas.)
4) Stay in Poland on the basis of a long-term visa or residence permit issued by another Schengen state (unless exercising mobility rights in Poland), or on the basis of an entry authorization issued by the Border Guard.
What are the new obligations for employers?
To ensure greater protection of foreign employees, several important obligations have been introduced:
1) Employment contracts with foreigners must always be in writing. Where contracts are concluded exclusively in foreign languages, employers bear the obligation to procure certified Polish translations and maintain such documentation throughout the employment period and for a subsequent two-year period. Alternatively, bilingual contractual arrangements may be employed to obviate translation requirements.
2) Employers are obliged to electronically submit contracts to the authorities before employment begins.
3) The previous obligation to conduct a labor market test has been abolished, simplifying the process of obtaining work permits. Although the labour market test has been eliminated, restrictions on foreign employment may still apply to occupations specified on a negative list.
4) The legislative amendments introduce heightened penalties ranging from PLN 3,000 to PLN 50,000 for each identified violation. Concurrently, the National Labor Inspectorate and Border Guard services have been vested with expanded authority to conduct unannounced compliance inspections.
For further information on this topic please contact Paweł Sikora at KKG Legal by telephone (+48 22 206 83 00) or email (pawel.sikora@kkg.pl).