On April 10, 2025, the President of Poland signed the Act of March 20, 2025, on the conditions for employing foreigners and the Act on the labour market and employment services. Effective from June 1, 2025, these new regulations introduce significant changes to the legal framework governing the employment of foreigners. The reform responds to the growing number of foreign workers and the need to streamline administrative procedures for issuing work permits and monitoring legality of employment. Set out below are the key assumptions of the new legislation and its potential impact on employers and foreign workers.
Main objectives of the reform
Previously, the employment of foreigners was regulated mainly by the Act of April 20, 2004, on employment promotion and labour market institutions, which had been amended numerous times. Those regulations were created in a very different socio-economic context, when the employment of foreigners was far less common. As part of the National Recovery Plan, the new law introduces solutions that are better aligned with realities of current labour market.
Its main objectioves include:
- streamlining legalization procedures,
- full digitization of work permit processes,
- reducing irregularities related to the employment of foreigners,
- implementing EU guidelines on penalties for illegal employment of third-country nationals and on the entry and stay of highly skilled workers.
Changes in forms of employment
During the legislative process, consideration was given to requiring foreigners to be employed exclusively under employment contracts. Following criticism from the business communities, however, this proposal was ultimately abandoned. As a result, work permits may still be issued for other forms of employment as well.
At the same time, the new regulations introduce minimum standards for employment of foreigners. From June 1, 2025:
- work under a contract of employment must range from ¼ of full-time to full-time,
- this is intendedto prevent abuse such as fictitious employment or the overexploitation of foreign workers solely for the purpose of legalising their stay in Poland.
The amendment also prohibits wage discrimination:
- foreign workers must receive remuneration at least equal to the paidto domestic employees performing similar duties,
- wages cannot fall below the statutory minimum.
These provisions align with regulations in the Labor Code and EU equality directives, aiming to protect foreign workers from exploitation while ensuring fair competition on the labour market.
Elimination of the labor market test and new powers for local authorities
Previously, the employment of foreigners required a labour market test demonstrating that no suitable candidates could be found among unemployed persons or economically active domestic workers. Given the current low unemployment rate, this mechanism had become largely was inefficient.
The new law replaces this requirements with a system under which county authorities (starosts) may establish lists of occupations for which permits will not be issued for a specified period. These lists are approved by the voivode, while a national register is maintained by the Minister of Labor. This solution is intended to ensure the employment policy is better aligned the needs of local labour markets.
Digitization of administrative procedures
A key objective of the reform is full digitization of procedures related to the employment of foreigners. Until now, online solutions had been available only to selected groups. The new law introduces a teleinformatics system enabling the submission applications, exchange of documents, receipt of decisions and notification of relevant changes.
This system will operate through the Ministry of Family, Labor and Social Policy portal (praca.gov.pl), where foreigners can create individual accounts and track their application status. DThe reform is intended to speed up processing, reduce administrative bureaucracy, increase transparency and stregnghten cooperation between the institutions involved in legalization of employment.
New rules for monitoring employment legality
The law introduces stricter measures for monitoring the legality of employment:
- inspections may be carried out without prior notice to the employer, reducing the possibility of advance preparation,
- parallel inspections may be conducted by multiple authorities, including the National Labor Inspectorate (PIP) and the Border Guard,
- digitization is intended to improve better verification of lawful employment and help detect irregularities more effectively,
- public agencies are granted additional powers to ensure compliance with the new rules.
Simplification of legalization procedures
The law simplifies the procedures for work legalising:
- the separate procedures for extending work permits are removed; meaning that a new document will be issued for continued employment,
- holders of and EU Blue Card issued by another Member State may work in Poland without obtaining an additional permit, provided that their stay does not exceed 90 days within any 180-day period.
Stricter penalties for illegal employment
The new law significantly increases the penalties for the illegal employment of foreginers:
- fines now range from PLN 3,000 to 50,000, depending in particular on the number of foreigners employed unlawfully,
- the maximum fines that may be imposed by the Border Guard and PIP have been raised from PLN 2,000 to PLN 10,000,
- the goal is intended todiscourage violations and safeguard fair competition in the labour market.
Practical impact on employers and foreigners
Employers must adapt to the new requirements, especially regarding digital application procedures, wage standards, working hours and compliance with more stricter inspection measures.
For foreign workers, the reform offers better protection of employment rights as well as simpler and faster legalization procedures. The introduction of digital tools should also make it easier to track individual cases and communicate with the relevant authorities.
Summary
The Act on the conditions for employing foreigners in Poland represents a comprehensive reform of the system for legalising the employment system. The new solutions aim to:
- streamline procedures,
- eliminate irregularities,
- better align the regulations with labour market needs.
Digitization, the removal of the labour market test and stricter penalties for illegal employment are all aimed at improving efficiency and transparency. At the same time, implementation of the new framework requires time and effort from public authorities, employers and foreign workers alike. The effective rollout of IT systems, appropriate training, ongoing evaluation of reform outcomes and where necessary, further adjustments will beessential.
Overall, these regulations mark an important step towards a more modern and efficient system for managing foreign labour in Poland, one that is better suited to current market challenges and economic needs.
