Important changes:

1. The labour market test will no longer be needed – instead, a list of “protected” job positions may be introduced by local authorities (mid-level administration).
2. Applications for a work permit will only be made on-line.
3. The number of mandatory grounds for rejecting work permit applications will increase – applications will be refused if the circumstances of the case indicate that the work would be performed for a third party – not the actual employer (except when the work is temporary). A similar limitation will apply to a temporary residence permit for work, where applications will be refused if the employer was established solely to facilitate the entry of foreign nationals into Poland; if the employer does not meet conditions on financial status and social security registration; or if the employee will be employed for less than 1/4 of a full working time.
4. If an employee is to be employed for less than 1/2 of a full working time – a work permit will be issued for the maximum period of one year.
5. New rules on fast-track processing of work authorization applications will be available. Priority will be given to employers performing activities of significant importance to the Polish economy; those continuing under the same terms of employment, incl. pay; and those in an occupation experiencing labour shortages.
6. Employers must exercise greater diligence during right-to-work checks. It will no longer be possible to work in Poland – even with a valid work permit – on the basis of a visa issued by another Schengen country.
7. Fines for illegal employment will increase – fines for employers from PLN 3,000 to PLN 50,000; for foreign nationals from PLN 1,000 to PLN 5,000.
8. Employers will face more compliance obligations. For example, they will be obliged to submit a copy of the employment contract with a foreign national before the employment commences.
9. New notification deadlines for work permits – employers will be required to inform the authorities within seven days if: a foreign national has not started employment within two months from the initial validity date of a work permit; a foreign national has stopped working for a period exceeding two months; or a foreign national has terminated their employment more than two months before the expiry date of their work permit.
10. New notification deadlines for declarations of entrusting work to a foreign national – employers will be required to inform the authorities that a foreign national has started work within seven days from commencement date indicated on the declaration, as well as if a foreign national has failed to start work within 14 days from the commencement date indicated on the document.
11. Employers of a foreign national working under a residence permit for the purpose of work are required to inform the Immigration Office within 15 working days in several cases, i.e. change in the name of the job position without a change in the scope of duties (same new obligation applies in case of work permit) and termination of work by the foreign national.
12. Occasional, incidental remote work carried out for the benefit of a foreign entity, unrelated to the Polish labour market and economy, will be allowed without a work permit. Typical remote work executed from Poland is not covered by the current regulations.
13. Obtaining work permits for posted employees will be more challenging. Before a posting to Poland can commence, the foreign national must be employed by the posting entity and have actually performed work. Intra-group postings will require the existence of vertical capital ties between the posting entity and the Polish receiving entity. In case of posting for the purpose of providing services, there must be a direct service agreement entered into by the foreigner’s employer.

Find more articles in PRO HR April 2025.