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Introduction
New regulations concerning the employment of foreigners in Poland are being implemented and are due to come into effect by June 1st 2025. Main changes include the removal of the Labour Market Test, digitalization of the work permit application process, rules for working hours and an increase in inspections and penalties for non-compliance.
Impact
Medium
What has changed?
The new regulations were signed into law by the President of the Republic of Poland on the 10th April and are currently pending publication in the Journal of laws, which is expected for 1st June.
Once implemented, the rules aim to streamline the application process and improve processing times. This will be achieved by removing the requirement for labour market testing, whereby checks were completed to confirm there were no suitable Polish candidates for the position before hiring a foreign national. Furthermore, all work permit applications will be submitted electronically via a dedicated online system.
In addition to the above, the rules also stipulate that signed contracts must be uploaded to the system prior to the commencement of the employment of the foreign national in Poland. For any seasonal work, this must be completed within 7 days of the job commencement. For new entities operating in Poland for less than one year, work permits will be issued with a validity of one year only.
It should be noted that the new laws also outline grounds for refusal of a work permit. Denials will be made if the employer has outstanding social security contributions or the applications only intent is to gain access to Poland without any real validity to the employment circumstances.
Who is affected?
Changes to the rules for the employment of foreign nationals will impact both applicants and employers. Employers should educate themselves on immigration matters to ensure compliance and the avoidance of penalties. In addition to the implementation of the new regulations, the National Labour Inspectorate (PIP) and Border Guard are authorised to complete joint inspections without any forwarding or advance notification. Failure of employers to comply with the updated regulations can lead to penalties for illegal employment and range from PLN 3,000 – PLN 50,000.
What to expect /impact?
While the new regulations aim to increase efficiency, streamline processes and improve transparency, there will be an increase in unannounced inspections and move towards stricter monitoring of compliance.
What you need to do
For further information on Polish immigration, please contact the Sterling Lexicon immigration team at [email protected]
