Changes in the employment of foreigners in Poland: employer obligations, employees from Georgia and the new Ministry of Family, Labour and Social Policy regulation

New obligation towards foreigners: information on the right to trade unions

From 1 June 2025, a new provision of the Act on the conditions for admitting foreigners in Poland to employment will come into force, according to which employers will be required to inform foreigners in writing of their right to join trade unions. This information must be provided in a language understandable to the foreigner and cover the rights under the Trade Unions Act of 1991.

Doubts regarding application

Although the regulation has only recently come into force, employers and experts have raised many doubts about its scope and practical application. First of all, it is unclear whether the obligation applies only to foreigners employed since 1 June or also to those who started working earlier. The Ministry of Family, Labour and Social Policy suggests that the information should only be provided to newly hired employees, but the lack of transitional provisions prompts some experts to take a more cautious approach and extend the obligation to all foreign employees. The Chief Labour Inspectorate also points to the need to provide information to persons already employed before the new regulations came into force.

The above applies regardless of whether trade unions operate at the workplace. In such a case, the employer may additionally inform that no trade union organisation is operating at the time of providing the information.

The scope of the required information also raises doubts. Is it sufficient to indicate in general terms that a foreigner has the right to join a trade union, or should specific organisations be mentioned? The Ministry of Labour takes the view that general information is sufficient, as indicating specific unions could be perceived as favouritism.

Some employers in Poland also raise systemic issues – why does this obligation apply only to foreigners and not to Polish citizens, since the right to associate is granted to all employees, regardless of citizenship, under the Polish Constitution (Article 59). In addition, the provision refers only to the ‘right to join’ trade unions, omitting the right to form them, which raises questions about the legislator’s intention and possible lack of precision.

Another issue is the timing of the delivery of information – the use of the term ‘assigning work’ in the regulation may suggest that this should take place at the beginning of the cooperation (e.g. upon signing the contract). This interpretation is also confirmed by the Ministry of Family, Labour and Social Policy. However, there are no clear guidelines on how to document compliance with this obligation – it is unclear whether the information should be kept in personal files.

Summary

The new regulations introduce an important information obligation towards foreigners employed in Poland. It is worth reviewing your procedures now and ensuring that employees receive the necessary information in a timely manner and in the appropriate form. Due to the emerging interpretative doubts, we will monitor the situation on an ongoing basis and inform you of any new guidelines and legislative changes.

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Changes in the employment of foreigners – Georgia is removed from the list

The Ministry of Family, Labour and Social Policy has published a draft regulation that changes the list of countries covered by the simplified procedure for employing foreigners in Poland. On the basis of a statement registered with the district labour office, citizens of Armenia, Belarus, Moldova and Ukraine will still be able to take up employment. However, Georgian citizens will disappear from the list. This is the result of EU discussions on restricting visa-free travel with that country.

The changes also affect regulations concerning seasonal work – Georgian citizens will lose the possibility of using simplified procedures. The ministry justifies the decision with the political situation and a review of existing privileges. The draft does not provide for transitional provisions, which means uncertainty as to the future of statements already issued.

In 2024, over 76,000 declarations were issued for Georgian citizens, which makes this change particularly important for many employers.

We will keep you updated on the most important information regarding the final provisions of the regulation and their impact on the employment of foreign workers.

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New regulation on foreign workers – what will change from 1 December 2025?

The Ministry of Family, Labour and Social Policy has published a draft regulation determining specific cases in which a foreigner entitled to reside in Poland may perform work without a work permit or a declaration of entrusting work. Work on the draft began in August 2025, and the document is the implementation of the statutory delegation contained in Article 3(7) of the Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners. The new regulation is to replace the existing provisions of 2015, which remain in force only until the new implementing provisions are issued, no later than 1 December 2025.

The purpose of the new legal act is to organise the catalogue of exceptions, clarify the existing provisions and reduce irregularities in the visa system. The Ministry has used the existing regulations, but has introduced changes aimed at eliminating uncertainties and gaps in interpretation.

Key changes

The regulation specifies 25 situations in which it is possible to perform work without a permit or declaration, including:

• participation in EU and international aid programmes (e.g. experts, trainers),
• teachers of foreign languages or subjects taught in a foreign language in the education system (provided they have the appropriate qualifications),
• persons working within NATO structures and on armament programmes,
• journalists accredited to the Ministry of Foreign Affairs, artists (with a limit of 30 days per year),
• athletes and persons involved in sporting events, including those sent by foreign clubs or associations,
• clergy performing religious functions in registered religious associations,
• full-time students in Poland, participants in internships provided for in teaching programmes,
• participants in exchange programmes (Erasmus+, summer work programmes),
• graduates of Polish Academy of Sciences institutes or research institutes,
• researchers and research technicians at research institutes,
• persons delegated for short-term technical assignments (up to 3 months per year),
• doctors, nurses, paramedics licensed to practise their profession in Poland,
• persons working in the private domestic service of a diplomatic mission.

No reporting obligations for employers – in cases covered by the new regulation, employers are not required to obtain a permit, submit a declaration to the registry, or fulfil the reporting obligations typically associated with employing foreign nationals.

Graduates under the new and old regulations

Under the current 2015 regulation, foreign nationals who are graduates of Polish upper secondary schools, full-time higher education or doctoral programmes may take up employment in Poland without obtaining a permit.

The draft of the new regulation narrows this authorisation, providing for exemption from the permit requirement only for graduates of higher education (within the meaning of the Higher Education and Science Act) who have completed their studies at a scientific institute of the Polish Academy of Sciences or research institutes. This exemption no longer applies to graduates of upper secondary schools (e.g. technical colleges or high schools).

At present, until the new act comes into force, the existing implementing provisions issued on the basis of the Act on the Promotion of Employment and Labour Market Institutions still apply, in accordance with Article 113(2) of the new Act. However, everything indicates that after the new regulation comes into force, people who only have secondary school diplomas without a diploma confirming their qualifications may lose the opportunity to work without a permit. Therefore, we recommend that you start the process of legalising your work now, in particular by applying for a work permit, in order to avoid problems after the change in regulations.

Transitional provision

Foreigners who take up employment without a permit under the 2015 regulation and whose cases are not covered by the new regulation will be able to continue working under the existing rules for no longer than 6 months from the date of entry into force of the new regulation, i.e. until 31 May 2026.

Summary

The new regulation is to enter into force on 1 December 2025. This is a good time to analyse ongoing relationships with foreigners working without a permit, check whether certain cases will require permits after the new regulations come into force, and prepare for the implementation of the new regulations, which in some cases mean simplification of procedures, and in others – the need to adapt to more precise requirements.

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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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