The Polish labour market is facing major changes
Poland is preparing to introduce a new migration policy that may significantly change the situation for both employers and foreigners seeking employment. The main changes will include streamlining procedures for hiring foreign workers and eliminating abuses and restrictions in employment forms. The proposed regulations also foresee increased penalties for illegal employment of foreigners and the strengthening of control and supervisory authorities. Experts from Smart Solutions HR explain how these changes will impact the labor market and what they mean for both employers and employees.
Higher penalties and more frequent inspections
The Special Commission for reviewing labor market and foreigner-related legislative proposals is currently working on two key projects concerning the employment of foreigners in Poland. On Friday, the Polish Parliament (Sejm) passed one of these proposals—the Act on Conditions for Permitting Foreigners to Work in Poland.
The provisions of this bill align with the migration strategy “Regain Control, Ensure Security”, adopted by the Council of Ministers in October. The new regulations aim to accelerate and enhance employment procedures while minimizing potential abuses. The proposed law introduces full digitization of administrative processes, which is expected to significantly reduce the waiting time for work permit decisions. Currently, the average processing time for an application takes several months.
The proposed law also introduces stricter penalties for companies that employ foreigners without the required permits. Employers could face fines ranging from 3,000 to even 50,000 PLN for each violation. Additionally, new grounds for refusing a work permit have been introduced—companies established solely to facilitate foreigners’ entry into Poland may now receive automatic rejections. Compliance with these new regulations will be ensured through more efficient, frequent, and unannounced inspections by the State Labour Inspectorate and the Border Guard.
Employment contract – a mandatory requirement?
One of the provisions of the draft law that arouses the most discussion is the issue of the forms of employment of foreigners. The original version of the draft stipulated the obligation to conclude an employment contract with foreigners. After public consultations, this provision was modified. The current proposal allows for the conclusion of a civil law contract between the direct employer and the employee, which was introduced by the Senate amendments of 13 March. In addition, according to the new provisions, temporary work agencies will be able to entrust work to foreigners on the basis of civil law contracts, which strengthens their role in the process of employing foreigners. During the latest Commission meeting, this provision was retained.
“Foreigners often come to Poland primarily for work-related reasons. Their main priority is having access to a high number of working hours, as this allows them to maximize their financial benefits. In contrast, an employment contract is usually preferred by those planning to stay long-term or settle in Poland. As an agency, we want to give people the freedom to choose,” explains Natalia Myskova, Managing Director at Smart Solutions HR.
Integration and Adaptation
The proposed legislation also addresses the adaptation of foreign workers from various national backgrounds. The new regulations include the implementation of integration programs, employee rights education, assistance in learning Polish, and the establishment of support centers for foreign workers.
Employers who actively promote the integration of foreign workers will be eligible for financial incentives from the Labor Fund, including subsidies for training and activation programs. The bill also aims to prevent negative effects such as limiting job opportunities for Polish citizens.
One of the key additions to the latest version of the bill is the introduction of work permit limits and employer declarations regarding foreign employment. The powers of labor inspection authorities will also be expanded, allowing for more effective monitoring of the legality of foreign employment.
Experts at Smart Solutions HR highlight that while these measures aim to combat unfair labor practices, they could also lead to regional labor market imbalances across the country.
“The proposed changes to the Foreign Employment Act have sparked significant debate among politicians, business owners, and labor market experts,” says Tetiana Hrynchyshyn, Legalization Specialist at Smart Solutions HR. “On one hand, the regulation aims to streamline procedures, increase transparency, and eliminate abuses. On the other hand, some voices express concerns that it may limit access to the labor market for foreign workers, which could pose a challenge for employers struggling with workforce shortages.”
“The bill has the potential to clarify key aspects of foreign employment, but its final version should balance both labor market needs and migration policies. Finding a middle ground between facilitating employment for businesses and ensuring effective legal oversight is essential to creating stable and transparent conditions for foreign workers in Poland,” Hrynchyshyn concludes.
