New Regulations for Employing Foreign Nationals in Poland – The Act on the Conditions for Permissibility of Entrusting Work to Foreigners
In connection with the introduction of new regulations regarding the employment of foreign nationals in Poland, which are set to come into effect shortly alongside the new Act on the Conditions for Permissibility of Entrusting Work to Foreigners, we’ve prepared a summary of the most important changes that could significantly impact your business operations.
Please refer to the detailed breakdown below:
- New Work Permit Rules for Newly Established Entities
- Work permits for foreigners employed by Polish companies that are newly established will now be issued for a maximum of one year. This applies to so-called Type A work permits, which were previously valid for up to three years.
- Work permits for foreigners employed by Polish companies that are newly established will now be issued for a maximum of one year. This applies to so-called Type A work permits, which were previously valid for up to three years.
- Mandatory Grounds for Work Permit Denial
- A work permit for a foreign national will not be issued if:
- The employer has failed to pay social security contributions or income tax.
- There are suspicions that the employer’s primary aim is to facilitate the entry of third-country nationals into Poland.
- A work permit for a foreign national will not be issued if:
- Changes to Outsourcing Rules
- A permit will be denied if it is determined based on the circumstances surrounding each specific case that the foreigner is to work for a third party without holding the status of a temporary worker employed through a temporary employment agency.
- A permit will be denied if it is determined based on the circumstances surrounding each specific case that the foreigner is to work for a third party without holding the status of a temporary worker employed through a temporary employment agency.
- Employer Obligation to Inform Foreign Nationals of Their Rights
- Employers will be legally obligated to inform foreign employees of their work-related rights, including the right to join trade unions.
- Employers will be legally obligated to inform foreign employees of their work-related rights, including the right to join trade unions.
- Verification of Compliance with the Issued Work Permit
- A new obligation has been introduced to verify whether the foreign national is performing work in line with the issued permit. This includes checks via visa databases, border crossing records, and systems such as ZUS, KRUS, and KAS. Non-compliance may result in the employer being barred from obtaining future work permits.
- A new obligation has been introduced to verify whether the foreign national is performing work in line with the issued permit. This includes checks via visa databases, border crossing records, and systems such as ZUS, KRUS, and KAS. Non-compliance may result in the employer being barred from obtaining future work permits.
- Elimination of the Labor Market Test
- The labor market test, which is currently used to check whether there are any Polish nationals in a given poviat (administrative district) who are registered as unemployed and could fill an available job vacancy, will be abolished.
- The labor market test, which is currently used to check whether there are any Polish nationals in a given poviat (administrative district) who are registered as unemployed and could fill an available job vacancy, will be abolished.
- List of Occupations Ineligible for Work Permits
- A list of jobs for which foreigners will not be eligible to receive work permits will be introduced. These lists will be poviat-specific and may impact certain sectors’ ability to hire foreign workers. Careful verification is recommended once the lists are published.
- A list of jobs for which foreigners will not be eligible to receive work permits will be introduced. These lists will be poviat-specific and may impact certain sectors’ ability to hire foreign workers. Careful verification is recommended once the lists are published.
- Priority Processing of Work Permit Applications
- Processing priority will be given to work permit applications:
- From employers wishing to extend the employment relationship with the same foreign national under the same conditions as the previous permit.
- From entities deemed strategically important to the Polish economy.
- Processing priority will be given to work permit applications:
- Abolition of the Obligation for Temporary Employment Agencies (APT) to Conclude Employment Contracts
- Temporary employment agencies will no longer be required to sign employment contracts when hiring temporary foreign workers.
We strongly recommend that employers review the new regulations in detail and adapt their hiring processes for foreign nationals accordingly.
Should you have any questions or require consultation, please do not hesitate to contact our immigration team.
Contact: Adrianna Bober, +48 664 969 627 adrianna.bober@tias.pl
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