Posting non-EU workers from Poland to the EU – Ministry announces new approach to work permits

Posting non-EU workers from Poland to the EU may become easier, because Poland’s Ministry of Family, Labour and Social Policy says a planned posting abroad should not, on its own, justify refusing a work permit. The October 2026 position does not change existing legislation, and each application still requires individual assessment. Employers should first ensure that the foreign national is legally employed in Poland.

Since June 2025, some Polish employers have had difficulties obtaining work permits for non-EU nationals who were later to work on contracts in other EU Member States. In October 2026, the Ministry outlined a position that could change the administrative approach to posting non-EU workers from Poland to the EU.

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Why have Polish companies faced difficulties posting non-EU workers abroad?

The difficulties arose from the application of rules effective from 1 June 2025 under the Act of 20 March 2025 on the Conditions of Admissibility of Entrusting Work to Foreigners in the Territory of the Republic of Poland. In some proceedings, authorities refused work permits when they concluded that a foreign national was primarily intended to provide services abroad rather than work in Poland.

The issue particularly affected construction, manufacturing, installation, maintenance and care services, where workforce shortages, project delays and reliance on subcontractors could affect contract profitability.

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What changes under the October 2026 announcement?

Responding to Senator Stanisław Gawłowski, the Ministry indicated that a planned posting should not, on its own, justify refusing a work permit if the employee will perform work in Poland before or after the posting. It also plans to issue guidance to voivodes and starosts.

Authorities are expected to assess the actual nature of employment, the employer’s activities in Poland and the temporary nature of the posting. The position does not replace statutory requirements, so each application still needs an individual assessment.

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Can a non-EU national legally employed in Poland be posted to another EU country?

Yes. EU law permits the temporary posting of legally employed third-country nationals when their employer, established in an EU Member State, temporarily provides services in another Member State. In the CJEU judgment of 9 August 1994 in Vander Elst (C-43/93), the Court held that, as a general rule, a host Member State cannot require an additional work permit for such workers. This does not remove employment, residence or host-country requirements.

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How should companies prepare to employ non-EU nationals who may later work abroad?

According to the Coalition of Polish Service Exporters, Polish companies provided services worth about PLN 32 billion in EU markets in 2024, and non-EU nationals made up 23.4% of employees in Coalition companies. Employers should treat legalising employment in Poland as a separate first stage, focusing on four areas:

• Legal employment in Poland: confirm the legal basis for residence and work, and whether a work permit is required.
• Documentation: make sure duties, place of work and terms reflect the actual arrangements.
• Payroll: correctly calculate salaries, social security contributions and other payments arising from employment in Poland.
• Work outside Poland: before a posting, separately assess posting, social security and host-country obligations.

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Will the new guidance resolve all work permit problems?

No. The announcement may reduce refusals based solely on an intended posting, but employer organisations are also calling for legislation that clearly defines the rules for foreigners who work partly in Poland and partly in other EU Member States, which matters especially for multi-year contracts. Questions also remain about how authorities will assess whether work is genuinely performed in Poland and whether practice will be consistent across offices.

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If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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