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New Rules for Employing Foreigners in Poland

Starting June 1, 2025, Poland will implement new regulations governing the employment of foreign nationals, as outlined in the Act of March 20, 2025. These changes establish clear requirements and obligations for employers hiring foreigners, impacting everyone involved in the process. The new rules demand strict adherence to deadlines and procedures. In this article, we will explore what changes, which notifications must be submitted, the applicable deadlines, and the risks of non-compliance.

Key Changes in Legislation

The Act on the Conditions for Permitting Foreigners to Work in Poland aims to streamline the employment process. It introduces new standards for both employers and foreign workers, with the primary goal of enhancing transparency and oversight while ensuring compliance with labor rights.

These changes are particularly significant for companies that regularly hire workers from abroad, such as those from Ukraine, Belarus, or other countries. Employers must adapt to the new requirements to avoid fines and other penalties. Let’s examine the key aspects that deserve attention.

Employer Obligations: Notifications and Deadlines

To legally employ foreigners, employers must strictly follow the established procedures. The law clearly specifies which notifications to submit, when, and which documents to provide. Below are the main requirements.

Notification of Work Commencement

If a foreigner is employed based on a statement (oświadczenie), the employer must notify the relevant authorities about the worker’s status within 7 days from the date listed in the registry as the start of work. There are three possible notification types:

• Confirmation of the actual start of work.
• Notification that the worker did not start work.
• Notification of a postponement of the start date for a valid reason Bobligatory notification about the worker’s status within 7 days from the date listed in the registry as the start of work. There are three possible notification types:
• Confirmation of the actual start of work.
• Notification that the worker did not start work.
• Notification of a postponement of the start date for a valid reason, such as the lack of a work visa.

If none of these notifications are submitted on time, the statement will be automatically canceled, requiring the entire process to be restarted, which can take additional time and resources.

Submission of Employment Contract

The employer must provide a signed employment contract (umowa o pracę or umowa zlecenie) one day before the actual start of work. For example:

• If the employee starts work on the second day of the statement’s validity, the contract must be submitted on the first day.
• If the start is planned for the seventh day, the contract must be submitted on the sixth day.

This requirement ensures all formalities are completed before the foreigner begins their duties.

Notification of Work Termination

If a foreign worker terminates their employment, including early termination, the employer must submit a notification within 7 days from the end of the work. This applies to all cases, regardless of a valid reason, such as the lack of a work visa.

If none of these notifications are submitted on time, the statement will be automatically canceled, requiring the entire process to be restarted, which can take additional time and resources.

Submission of Employment Contract

The employer must provide a signed employment contract (umowa o pracę or umowa zlecenie) one day before the actual start of work. For example:

• If the employee starts work on the second day of the statement’s validity, the contract must be submitted on the first day.
• If the start is planned for the seventh day, the contract must be submitted on the sixth day.

This requirement ensures all formalities are completed before the foreigner begins their duties.

Notification of Work Termination

If a foreign worker terminates their employment, including early termination, the employer must submit a notification within 7 days from the end of the work. This applies to all cases, regardless of the reason for termination.

Specifics for Ukrainian Citizens

For foreigners employed based on a notification (powiadomienie), often Ukrainian citizens, similar deadlines apply:

• Notification of work commencement must be submitted to the office within 7 days from the actual start date.
• Notification of work termination must be submitted within 7 days after the last working day.

What to Do If a Foreigner Does Not Start Work

There are cases when a foreign national does not start work on the scheduled date. In such situations, the employer must promptly notify the relevant authorities. The deadlines depend on the document type used for employment:

• Based on a statement (oświadczenie): Notification must be submitted within 7 days from the date listed in the registry as the start of work.
• Based on a work permit: If the foreigner does not start work within 3 months from the permit’s validity start date, notification must be submitted to the voivode within 7 days.

It’s critical to note that notifying authorities about a worker’s failure to start work automatically cancels the statement in the registry. To rehire the same foreigner, the entire process must be repeated.

If a foreigner terminates work early or does not work for more than 3 months, the employer must promptly report this and cancel the work permit. This requirement also applies if the work ends earlier than 3 months before the permit’s expiration.

Residence Card and New Employer Inspections in 2025

From 2025, foreigners applying for a residence card (karta pobytu) based on employment and awaiting a decision must provide additional documents, including proof of no tax arrears (niezaleganie podatków z US), no ZUS contribution arrears, and a complete list of insured employees from ZUS. These requirements significantly complicate the process of obtaining a residence card. As a result, many foreign workers, facing difficulties in securing these documents, are resigning and seeking employers with no ZUS issues who can promptly provide the required certificates. This change is drastically reshaping the labor market, as companies with unstable financial histories or ZUS issues may lose foreign employees, increasing competition for qualified workers.

Recommendations for Employers

To avoid issues related to the new regulations, we recommend:

• Notifying in advance about planned employment or termination of a foreign worker, ideally several days before the deadline, to allow specialists time to prepare and submit all necessary documents.
• Carefully checking deadlines for submitting notifications and contracts to prevent permit cancellations.
• Maintaining records of all documents related to foreign worker employment to ensure compliance during inspections.
• Regularly verifying the status of settlements with US and ZUS to be prepared to provide certificates for workers applying for residence cards.

Adhering to these recommendations will help minimize risks and ensure a smooth hiring process.

Consequences of Non-Compliance with Deadlines

Failure to comply with the new regulations can lead to serious consequences for employers. From June 1, 2025, fines for violations related to foreign worker employment will significantly increase. The penalty amount depends on the nature of the violation and can range from several thousand to hundreds of thousands of PLN.

Possible Sanctions

In addition to financial penalties, employers may face other issues:

• Cancellation of work permits, which can complicate future hiring of foreigners.
• Refusal to issue new permits, preventing companies that violate rules from obtaining permits for other foreign workers.
• Suspension of company operations, in severe cases, for up to 90 days.
• Increased scrutiny, with employers added to a high-risk list, leading to more frequent inspections.

How to Avoid Issues

To minimize risks, employers should:

• Thoroughly review the new requirements and prepare for compliance.
• Appoint a responsible employee to monitor adherence to deadlines and procedures.
• Seek professional assistance from specialists in foreign worker employment when needed.

Conclusion

The new regulations for employing foreigners in Poland, effective from June 1, 2025, demand heightened attention to detail from employers. Adhering to deadlines for notifications, submitting employment contracts, promptly reporting changes in worker status, and preparing documents for residence cards are critical to avoiding fines and other sanctions. We recommend planning all stages of the employment process in advance and, if necessary, seeking professional assistance to ensure full compliance with legal requirements.