Do you employ foreigners in Poland? New obligations await you from May 1st!

On May 1, 2025, the new law on employing foreigners will come into force. Failure to comply with the law may result in administrative and financial sanctions. Below, we present the most important changes that every entity entrusting work to foreigners should be aware of.

Obligation to conclude a written contract

According to the new regulations, every entity entrusting work to a foreigner will be obliged to conclude a written contract with them before admitting them to work. This requirement applies to all foreigners – regardless of whether the basis for employment is a work permit or a declaration of entrusting work.  

Exception: The obligation does not extend to situations where the foreigner works as a member of the board of directors, commercial proxy or representative of a limited partnership or limited joint-stock partnership. In this case, the conclusion of a contract is not required.

Obligation to submit a copy of the contract to the public administration body

The entity employing a foreigner on the basis of a work permit or a work assignment statement will be obliged to submit a copy of the concluded contract to the competent authority (voivode or district administrator) before the start of work by the foreigner.

This obligation does not apply to harvest support contracts, for which the deadline for submitting the contract is 7 days from the date the work is assigned.

The submission must be made electronically, via the ICT system handling the proceedings. Until it is launched, it will be possible to use the praca.gov.pl portal.

Non-compliance may result in a fine ranging from PLN 1,000 to 3,000.

Obligation to obtain a copy of an identity document

Employers are required to collect documentation confirming the identity of the foreign national. In particular, this applies to a copy of the passport and – if the PESEL number does not appear on another document – a certificate of its allocation.

Although the legislator has not provided for sanctions for non-compliance with this obligation, its implementation is important from the point of view of the legal security of employment.

Obligation to inform the voivode about changes

Within 7 days of one of the following situations occurring, the employer will be obliged to notify the competent province governor if:

• the foreigner has not started work within 2 months of the start date of the work permit,
• the foreigner has stopped working for a period longer than 2 months,
• has terminated the employment earlier than 2 months before the expiry of the permit.

Failure to comply with this obligation constitutes an offense and is subject to a fine of PLN 500 to 5,000.

Obligation to process personal data

The employer will be also obliged to store documents containing the foreigner’s personal data for a period of 2 years from the end of the calendar year in which the legal employment relationship on which the employment is based ended.

In the case of employee documentation, including personal files, longer storage periods specified in separate regulations apply (e.g. 10 years in accordance with labor law regulations).

Prepare for change and avoid penalties!

The amendment to the regulations significantly extends the obligations of entities employing foreigners. The above changes are only part of a broader regulation that will come into force on May 1, 2025.

If you employ foreigners in Poland and want to prepare properly for the upcoming changes in regulations, please contact our team. We will be happy to answer your questions and help you comply with the new obligations.