The first part of Poland’s immigration reform is to be completed and enter into force on June 1, 2025. The new rules present certain changes which will affect employers in Poland:
- The labour market test will be no longer needed – instead a list of “protected” job positions may be introduced by the District authorities (mid-level administration); employment of foreign nationals will not be possible if a company plans to employ on the “protected” job position.
- Only electronic work authorization procedures will be available – employers planning to employ a foreign national will need to submit application online. No “paper” application allowed any longer.
- The number of mandatory grounds for rejecting work authorization applications will increase— applications will be refused in case of:
- if the circumstances of the case will prove that work would be performed to the benefit of a third party – not actual employer, except when work is executed within temporary work framework; similar limitation will apply to a temporary residence permit for work,
- if the employer was established solely to facilitate the entry of foreign nationals into Poland,
- if employer does not fulfill conditions on financial status and social security registration,
- if employee will be employed for less than 1/4 of a full working time.
- If the employee is to be employed for less than 1/2 of full working time, work permits willbe issued for the maximum period of one year.
- New rules of fast-track processing of work permit applications will be available. Priority will be given to:
- employers performing activities of significant importance to Polish economy,
- continuation of the same terms of employment,
- application for a foreign national performing activity in an occupation with labour shortages.
- Employers must exercise greater diligence during right-to-work checks. It will no longer be possible to work in Poland—even with a valid work authorization—on the basis of a visa issued by another Schengen country. This applies to both Schengen and national visas issued by that third country.
- Fines for illegal employment will increase – new range of fines: from 3.000 PLN to 50.000 PLN; for a foreign national fine, it will be from 1000 PLN to 5.000 PLN.
- Employers will face more compliance obligations, e.g. they will be obliged to submit a copy of employment contract prior to start of employment.
- New notification deadlines for work permits – employer will be required to inform the authorities within 7 days if:
- a foreign national has not started employment within 2 months from the initial validity date of a work permit,
- a foreign national has stopped working for a period exceeding 2 months,
- a foreign national has terminated employment earlier than 2 months before the expiry date of a work.
- New notification deadlines for declarations of entrusting work to foreign national– employer will be required to inform the authorities about:
- start of work of a foreign national within 7 days from the start of work indicated on the issued declaration,
- failure of a foreign national to start employment within 14 days counted from the start of work indicated on the document.
- Employers will be obliged to inform the Immigration Office in case foreign national works on the basis of a residence permit for work – employer will have to inform the Immigration Office within 15 working days in several cases, i.e.:
- change in the name of the job position without a change in the scope of duties (same new obligation applies in case of work permit),
- termination of work by the foreign
- Occasional, incidental remote work carried out for the benefit of a foreign entity—unrelated to the Polish labour market and economy — will be allowed without a work permit. However, typical remote work executed from territory of Poland remains outside the scope of current regulations.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.