New Rules and Changes for Employing Foreigners in Poland from June 1, 2025

• Main Changes in the Application Procedure
• New Obligations for Employers
• Employer’s Obligations: Declaring Foreigners’ Work
• When a New Declaration is Not Required
• Employer’s Debt and Declaration Errors
• Changes: Residence Permits Authorizing Work
• Changes in Informing the Starosta
• Issuance of Seasonal Work Permits
• Changes for Temporary Employment Agencies
• Changes in Admission of Foreign Students
• Support for the Unemployed
• Penalties for Illegal Employment
• Contact

From June 1, 2025, the rules for employing foreigners in Poland are changing. From this moment, a new law (Journal of Laws 2025, item 621) regulating the employment of foreigners comes into force in Poland. This law, titled “Act on the conditions for admissibility of entrusting work to foreigners,” aims to simplify existing rules and procedures, as well as strengthen control over the legality of foreigners’ professional activities. The goal of these changes is to make the labor market more transparent, secure, and responsive to Poland’s current economic needs.

IMPORTANT! From June 1, 2025, all declarations, applications for seasonal work, and related documentation will be accepted exclusively in electronic form via the praca.gov.pl portal. Documents submitted by other means will not be processed.

Main Changes in the Application Procedure

New procedure for determining the competent authority for individuals conducting business activity (companies with CEIDG): Citizens of EEA countries, including Poland, who do not have a permanent place of residence in the Republic of Poland, submit a declaration to the district employment office competent for their permanent place of business activity.

New Obligations for Employers Whose Declarations are Registered (including declarations registered before June 1, 2025)

After a declaration is entered into the register, the employer is obliged to notify in writing the office that registered the declaration of the following events:

• Commencement of work by a foreign citizen – within 7 days from the start date of work.
• Failure of a foreign citizen to start work – within 14 days from the start date of work indicated in the register of declarations.
• Premature termination of work by a foreign citizen or final refusal of employment – immediately after the occurrence of the respective event.

IMPORTANT! The notification obligation applies to all declarations entered into the register, including those registered before June 1, 2025 (if the relevant information was not provided before June 1, 2025).

IMPORTANT! Notification that a foreign citizen has not started work or has terminated it prematurely automatically annuls the corresponding declaration in the register.

Employer’s Obligations When Declaring Foreigners’ Work

An employer using the labor of a foreign citizen based on a declaration is obliged to:

1. Incorporate the terms of the declaration into the employment contract – ensure the employment contract with the foreigner complies with the conditions specified in the declaration. If necessary, amend the contract without resubmitting the declaration.
2. Notify the starosta – provide the starosta (labor office) who registered the declaration with a copy of the employment contract concluded with the foreigner before they start work.
3. Adhere to the minimum wage level – set the foreign worker’s remuneration at no less than the current minimum wage or minimum hourly rate.
4. Proportionally increase remuneration – when increasing the foreigner’s working hours (part-time worker) or increasing the number of hours worked under a civil law contract, proportionally increase the remuneration.
5. Provide a copy of the declaration to the employee – issue the foreign worker with a copy of the employment declaration registered in the register.
6. Exercise due diligence – carefully observe all procedures and requirements when submitting a declaration for entry into the register.
7. Provide a copy of the application to the user-employer (if necessary) – upon request of the user-employer, provide them with a copy of the application concerning the temporary worker.
8. Provide documents upon request of authorized bodies – upon request of the starosta, voivode, Social Insurance Institution (ZUS and KRUS), consul, Minister of Foreign Affairs, National Labor Inspectorate (PIP), National Revenue Administration (KAS), Border Guard (Straż Graniczna), or Police, documents confirming compliance with the obligations specified in points 1, 3, and 4.

A new declaration does not need to be entered into the register in the following cases:

• The details of the Polish entity (name, legal form, registered office, place of residence or activity) entrusting work to the foreigner or being the user-employer have changed.
• The workplace (or part of it) has been transferred to another employer.
• The foreigner’s working hours (per week or month) indicated in the original declaration have been increased, but not more than to full-time employment.
• The foreigner’s job title has changed, but their duties have remained the same.
• The foreigner’s salary has been increased compared to that stated in the declaration.

Employer’s Debt, as well as Inaccuracies and Errors in the Content of the Declaration

Outstanding debt to ZUS or the Tax Office will be an obstacle to entering the declaration into the register. If you have a debt repayment plan in installments or have recently settled the debt, attach a copy of the installment agreement or other documents confirming debt settlement to the submitted declaration. Also, pay attention to the correctness and truthfulness of the data provided in the declaration. False or incorrect data will also be grounds for refusal to enter the declaration into the register.

Most Important Changes Regarding Residence Permits Authorizing Work

Apart from visas issued for purposes: 01 and 20, visas issued for purposes: 02, 11, 14, 23, visas issued for transit purposes, and visas issued by another Schengen Area country will not grant the right to work based on a declaration or permit. A citizen of Ukraine who entered Poland due to hostilities in the period from February 24, 2022, and whose stay in Poland has been recognized as legal until September 30, 2025 (temporary protection), will still not have the right to work based on a declaration or permit. Such a person can only start work based on a notification of entrusting work to a citizen of Ukraine.

Changes in the Procedure for Informing the Starosta

From June 1, 2025, the requirements for conducting a labor market test and providing information from the starosta are abolished, except when these documents are necessary for work permit procedures initiated before this date. After June 1, 2025, information from the starosta will only be issued for cases in the process of obtaining a work permit initiated before that date. In such cases, when requesting information from the starosta, supporting documents must be provided proving that this information is required as part of a previously initiated procedure. Examples of such documents may include: a copy of the voivode’s request for missing information or confirmation of filing a work permit application before June 1, 2025.

Issuance of Seasonal Work Permits

Main changes in the rules for obtaining seasonal work permits in Poland:

Competent authority for companies with CEIDG (EEA citizens without permanent residence in Poland) – district employment office competent for the place of business activity.

Simplification of the procedure – from June 1, 2025, applications for issuance/extension of a permit will not need to include information from the starosta.

A new permit is not required in a number of cases, including:

• Change in employer’s details (address, name, form).
• Transfer of the workplace to another employer.
• Change of job title without change of duties.
• Replacement of a civil law contract with an employment contract.
• Short-term (up to 30 days) non-seasonal work for citizens of Belarus, Moldova, Georgia, Armenia, or Ukraine.
• Changes related to a harvest assistance contract (replacement of the contract, performance of other work after harvest completion).
• Salary increase.
• Increase in working hours (within full-time employment or up to 299 hours per month under a civil law contract) with a proportional increase in remuneration.

IMPORTANT! The employer is obliged to report all these changes to the issuing authority within 7 days.

IMPORTANT! After receiving a seasonal work certificate entered into the register, the employer will have 90 days from the start date of work indicated in the certificate to inform the office of the foreigner’s arrival for work. Failure to provide this information within the specified period will result in the termination of the permit issuance procedure and annulment of the registered certificate.

Changes in the Possibility for Temporary Employment Agencies to Obtain Declarations or Seasonal Work Permits

A two-year moratorium is introduced for new employment agencies – they will not be able to hire foreigners immediately. This change is aimed against schemes with fictitious permits used only for entry into the country. However, the residence legalization procedure is not simplified – waiting times can reach 6–9 months, which will complicate the work of agencies hiring employees from Asia and Latin America.

To employ foreigners as temporary workers, a temporary employment agency must meet the following conditions:

• Be listed in the register – the agency must be listed in the register of employment agencies specializing in the employment of foreigners.
• Basis for employment – the agency must have either a registered declaration for employing a foreigner or a seasonal work permit.

How to get registered:

• New agencies – new temporary employment agencies will be able to get registered no earlier than 2 years after registration and commencement of temporary employment services.
• Existing agencies (before June 1, 2025) – agencies that provided services before June 1, 2025, will be able to continue employing foreigners based on declarations or permits if, within 3 months after the new rules come into force (from June 1, 2025), they apply for a change in their entry in the register of employment agencies.

Changes in the Admission of Foreign Students to Polish Universities

A package of laws tightening the rules for the stay of foreigners, including students, has come into force in Poland. According to the government portal gov.pl, from the beginning of summer, it will be more difficult for foreign applicants to enter Polish universities.

New admission requirements:

• Recognition of education – educational documents certified by the National Agency for Academic Exchange (NAWA) are required.
• Proof of language proficiency – proficiency in the language of instruction at a level not lower than B2 is required.
• Entrance exams – passing an entrance exam or interview is mandatory.

Limitation on the number of foreign students:

The proportion of foreign students at a university should not exceed 50%. If the limit is exceeded, the admission of foreigners will be suspended.

Relaxation:

Foreign students can still work without a permit if they have a valid visa or residence card issued for study purposes.

Tougher rules for changing the purpose of stay:

Foreigners with Schengen visas issued by other countries will not be able to apply for temporary residence and work in Poland.

The purpose of these changes is to regulate the system for admitting foreign students, increase its transparency, and reduce abuses in the visa and employment spheres.

Support for the Unemployed

The introduction of new rules simplifies the registration of the unemployed.

Key changes include:

1. Simplification of unemployed registration – it is now possible to register at the place of residence.
2. Abolition of age restrictions for receiving additional assistance, such as a settlement voucher.
3. Unemployment benefits will be provided regardless of the duration of previous employment.
4. Implementation of digital solutions to speed up service at employment centers.

Additional aspects:

• Pensioners will be able to receive employment subsidies.
• Farmers will gain access to employment services.
• Single parents and large families will have priority for assistance.
• Citizens will be able to take out educational loans up to 400% of the average salary and more easily obtain funding from the National Training Fund.

Penalties for Illegal Employment and Violations

Fines for illegal employment in Poland range from PLN 3,000 to PLN 50,000. The amount of the fine varies depending on the number of illegally hired employees. The law also provides for the possibility of unannounced inspections by the Border Guard and the National Labor Inspectorate (PIP), which is aimed at combating the shadow economy but may also create an additional burden for businesses complying with the law.

Contact

If you want more information or have questions, please contact our managers for a prompt consultation: office@progressholding.pl