Changes in the employment of foreigners – what do employers need to know?

The proposed changes will affect employers hiring foreigners in terms of costs, documentation and exemptions from the obligation to obtain permits.

On 1 June this year, the Act on the conditions for admitting foreigners to work in the Republic of Poland came into force, repealing regulations concerning the legalisation of foreign nationals’ work in Poland.

Over the past month, four draft regulations significantly regulating the employment of foreigners in Poland have been published on the website of the Government Legislation Centre.

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Higher fees for submitting applications

On 15 September, a draft regulation of the Minister of Family, Labour and Social Policy was published, specifying new, higher fees for the issuance of work permits and declarations on the employment of foreigners. These fees are set to increase dramatically. For example, the fee for a work permit for up to three months is to increase from PLN 50 to PLN 200, and the fee for a work permit for more than three months from PLN 100 to PLN 400. This is a fourfold increase, and these are just two of the fees being changed.

Below are the planned fees:

Fee	Type of work assignment
PLN 200	Assigning work to a foreigner on the basis of a work permit for a period of up to 3 months.
PLN 400	Assigning work to a foreigner on the basis of a work permit for a period longer than 3 months.
PLN 800	Secondment of a foreigner by an entity assigning work on the territory of the Republic of Poland.
PLN 120	Assigning work to a foreigner on the basis of a seasonal work permit.
PLN 400	Entrusting work to a foreigner on the basis of a declaration of entrusting work to a foreigner entered in the register of declarations.
PLN 120	Submitting an application for the extension of a seasonal work permit.

Over the last three years, the fee for registering a declaration of entrusting work to the records has increased several times. At the same time, any change in the terms of employment of a foreigner (e.g. position, place of work or working hours) requires the fee to be paid again, which places an additional burden on employers.

The regulation is to enter into force 14 days after its announcement.

The increase in fees may significantly affect the costs of recruiting foreigners, especially in industries with high turnover (e.g. manufacturing, logistics, catering). It is worth considering submitting applications earlier, according to the currently applicable rates.

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New documentation requirements

The draft regulation of the Minister of Family, Labour and Social Policy of 28 August specifies in detail what documents an entity employing a foreigner must attach to:

• an application for a work permit: for a Polish entity entrusting work / in connection with the performance of a specific function / for the purpose of secondment by a foreign entity to work in Poland,
• an application for the issuance and extension of a seasonal work permit,
• a declaration of entrusting work to a foreigner.

The regulation will enter into force within 14 days of its announcement.

We recommend updating the checklist of documents required for a given application now to avoid any formal deficiencies when submitting new applications. Even the absence of one of the required documents may prolong the proceedings by several weeks.

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Working without a permit or declaration – changes in the catalogue of exemptions

One of the most important draft regulations of the Minister of Family, Labour and Social Policy concerns specific cases in which a foreigner may perform work without a work permit or a declaration of entrusting work to a foreigner. The draft regulation partially repeats the solutions from 2015, but also introduces clarifications.

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

The draft regulation changes the list of persons exempt from the obligation to obtain a permit or declaration.

Several important groups have been removed from it:

• Technical staff working on EU and aid projects – under the new regulation, the exemption applies only to persons performing supervisory or training functions or preparing documentation. Machine operators and technicians must already have a permit.
• Foreign language teachers outside the education system – e.g. in psychological and pedagogical counselling centres, artistic institutions or pedagogical libraries.
• Employees of scientific institutes in support positions – e.g. technicians without higher education who do not work in scientific or research and technical positions.
• Athletes not affiliated with a Polish sports club – e.g. private trainers or freelancers, who now must obtain a permit.

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Foreigners delegated for a period not exceeding 3 months to perform assembly work

Furthermore, under the new regulation, the following foreigners will also be exempt from the obligation to obtain a work permit:

• residing abroad, posted by a foreign employer to the territory of the Republic of Poland for a period not exceeding 3 months in a calendar year performing assembly, maintenance or repair work on technologically complete devices, structures, machines or other equipment, if the foreign employer is their manufacturer;
• receiving ordered devices, machines, other equipment or parts manufactured by a Polish entrepreneur;
• training employees of a Polish employer who is the recipient of devices, structures, machines or other equipment in the scope of their operation or use;
• assembling, dismantling or operating exhibition stands, if the exhibitor is a foreign employer.

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Extended list of exemptions

The proposed regulation not only limits the list of exemptions, but also introduces several new categories, including:

• Teachers of subjects taught in a foreign language – this no longer applies only to foreign language teachers, but also to teachers of subjects such as biology or mathematics in English. Appropriate qualifications are required.
• Persons working at international sporting events – including those delegated by foreign clubs and sports associations (previously, the exemption only applied to international organisations).
• Athletes employed by Polish sports clubs for up to 30 days – without the additional condition that their work be related to participation in competitions, which previously raised considerable interpretative doubts.
• Persons undergoing internships at Polish schools and universities – even if the internships are only required by the study regulations and are not compulsory in the curriculum.
• Participants in EU programmes in the field of vocational education and training (Erasmus+) – explicitly mentioned in the regulations for the first time, which facilitates their employment.
• Interns and trainees referred by international student organisations – clarification of the organisation removes previous ambiguities.
• Graduates of research institutes – the regulation expands the list of graduates.
• Employees of scientific institutes in research and technical positions – the catalogue has been expanded to include positions that were previously omitted.

An important element of the draft is the transitional provision (§ 3), according to which foreigners working without a permit under the 2015 regulation will be able to continue their employment under the existing rules for up to 6 months from the date of entry into force of the new regulation, i.e. until 31 May 2026.

For employers, this means that they will have to thoroughly verify the status of foreign employees, especially in the case of high school graduates, trainers and foreign language teachers.

The regulation will enter into force on 1 December 2025.

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Graduates in light of 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, as well as students, could take up employment in Poland without having to obtain a permit.

The draft new regulation narrows this entitlement, providing for exemption from the permit requirement only for graduates of higher education completed at a scientific institute of the Polish Academy of Sciences or research institutes.

Graduates of higher education within the meaning of the Law on Higher Education and Science will, however, benefit from a statutory exemption.

Importantly, graduates of secondary schools (high schools, technical schools) have also been removed from the draft. Some of these individuals will benefit from a statutory exemption. The condition for exemption from the obligation to obtain a work permit will be to obtain confirmation of professional qualifications in the Republic of Poland. Graduates of technical colleges or first-level vocational schools (so-called vocational schools) will therefore be exempt from this obligation.

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What about students?

Full-time students studying in Poland will continue to be exempt from the requirement to obtain a work permit under the new regulation. The provision of the new regulation concerning full-time students in Poland omits participants in full-time doctoral studies in Poland, as doctoral students enrolled in a doctoral school may work without a permit under the provisions of the Act.

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Countries with a simplified procedure – narrowing down the list

The draft regulation of the Minister of Family, Labour and Social Policy on countries whose citizens may be subject to declarations of entrusting work to a foreigner and certain provisions concerning seasonal work permits stipulates that citizens of Armenia, Belarus, Moldova and Ukraine will be able to work on the basis of a declaration of entrusting work.

Georgia has been removed from the list of countries covered by this facilitation. The Ministry explains this change by the political situation in Georgia and the state of bilateral relations with that country. Work is currently underway on the effective application of visa-free travel exemptions to citizens of that country.

The changes also include provisions on seasonal work – Georgian citizens will lose the possibility of using simplified procedures. 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, while between January and the end of May 2025, over 28,000 declarations of entrusting work to a foreigner were entered in the register for Georgian citizens. This makes the change particularly important for many employers.

The regulation will enter into force 14 days after its publication.

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Summary

The coming months will bring a significant update to the system of legalising foreign nationals’ employment in Poland. The new regulations are intended to standardise procedures, but in practice they will require employers to exercise greater diligence, plan more carefully and incorporate the changes into their budgets.

It is worth doing the following now:

• checking whether foreign employees will continue to be exempt from the requirement to hold work permits,
• verifying the number of Georgian citizens employed,
• begin the process of legalising employment for persons who will require work permits, including in particular Georgian citizens,
• verify recruitment budgets in terms of new, higher fees,
• update the list of documents required to submit individual applications.

It is advisable to start the employment legalisation process now. Once the new regulations come into force, the application review process is expected to take significantly longer.

The regulations are currently at the consultation stage. We will keep you updated with the most important information regarding the final provisions of the regulations and their impact on the employment of foreign workers.

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Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

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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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