Last updated: 18.05.2026
Consequences of illegal employment of foreigners in Poland
Employing foreign nationals in Poland requires compliance with regulations concerning both legal residence and legal employment. Employers must ensure that a foreign employee holds the appropriate document authorising them to work in Poland including an appropriate work permit, residence permit, temporary residence permit or another document required for such work, and that the terms of employment comply with applicable legal requirements.
Failure to comply with these rules may result in serious financial consequences. Current regulations provide for significant penalties for employers who entrust work to a foreigner in violation of the law.
The following guide outlines the most important information regarding employer liability, the level of penalties, and the most common mistakes made by employers who employ foreigners in Poland.
When Does Illegal Employment of a Foreigner Occur?
Illegal employment of a foreign national occurs when work is entrusted in violation of regulations governing legal residence or employment. In practice, this means that the legality of employment should be verified before the foreigner’s work begins.
The most common situations include cases where the foreign national:
- resides in Poland without a valid residence document or valid identity documents,
- does not hold a work permit or a declaration on entrusting work to a foreign national,
- performs work under conditions different from those specified in the permit or declaration,
- works for an employer other than the one indicated in the documents legalising employment,
- performs work without a written employment agreement.
Each of the above situations may result in liability on the part of the employer.
Fines for Entrusting Illegal Work to a Foreign National
Polish regulations provide for significant financial sanctions for the illegal employment of foreign nationals.
An employer who entrusts work to a foreign national in violation of applicable regulations may be subject to a fine ranging from PLN 3,000 to as much as PLN 50,000.
It should be noted that:
- the penalty may be imposed for each illegally employed foreign national,
- the minimum fine amounts to PLN 3,000 per individual person,
- in the case of more serious violations, penalties may be considerably higher.
In practice, this means that employing several foreign nationals without the required documentation may result in very substantial financial penalties.
More severe consequences may also apply in certain circumstances, particularly where violations involve exploitation, document fraud or conduct associated with human trafficking.
Labour Inspections and Authorities Checking the Legality of Employment of foreigners in Poland
The legality of employing foreign nationals may be verified by competent public Polish authorities.
Most commonly, inspections are carried out by:
- the National Labour Inspectorate (Państwowa Inspekcja Pracy),
- the Border Guard (Straż Graniczna).
Labour inspectors and Border Guard officers have extensive powers and may, among other things:
- conduct workplace inspections,
- verify employee and employer documentation,
- impose fines,
- submit motions to the court for the imposition of penalties.
Inspections may cover both employment-related documentation and documents confirming the legality of the foreign national’s stay on the territory of the Republic of Poland.
During such an inspection, employers should be able to demonstrate legal compliance with applicable employment and immigration regulations.
Penalties for Other Violations of Employer Obligations
In addition to penalties for illegal employment, regulations also provide sanctions for other violations of employer obligations.
The most common include:
A fine ranging from PLN 1,000 to PLN 3,000, for example for:
- failing to provide the foreign national with an employment contract in a language they understand,
- failing to fulfil information obligations towards the competent local authorities.
Penalties may also be imposed in cases such as:
- failure to notify authorities of the commencement of work by a foreign national,
- failure to inform authorities about termination of employment or changes to employment conditions,
- failure to register the foreign national for social insurance, where required,
- submitting false information or false statements in employment-related documents.
Most Common Mistakes Made by Employers in Foreigners’ Employment in Poland
In practice, many violations result from procedural errors or insufficient verification of employee documentation.
The most frequently encountered issues include:
Failure to verify the legality of residence and foreigners’ stay
Employers should verify the foreign national’s residence document before the start of employment and keep a copy for the entire period of employment. A right of stay in other Schengen countries or EU countries does not automatically authorise work in Poland.
Entrusting work without the required documentation
A foreign national cannot legally work without a valid work permit or declaration on entrusting work.
Incorrect employment conditions
Problems arise when the foreign national performs work in a different position or for a different employer than indicated in the documents legalising employment.
Lack of a written employment contract
An employment agreement with a foreign national should be concluded in writing before work begins. The contract should reflect the actual employment relationship.
Failure to provide a translation of the contract
The employee should receive the contract in a language they understand.
Failure to fulfil reporting obligations
Employers must notify the competent authorities about the commencement of employment and any changes concerning the foreign employee’s work.
Document fraud or unreliable documents
Employers should also be alert to document fraud, especially where the documents presented by the foreign national appear inconsistent or unreliable.
Practical Guidance for Employers
To reduce the risk of financial penalties, employers should follow several basic principles:
- verify the legality of the foreign national’s residence before employment begins,
- ensure that the foreign national holds a valid document authorising them to work in Poland,
- conclude a written employment contract prior to the commencement of work,
- retain copies of the employee’s residence documents,
- inform the relevant authorities in a timely manner about any changes related to employment.
Summary – Illegal Employment of foreign workers in Poland
Illegal employment of foreign nationals may lead to serious financial consequences for employers. Polish regulations provide for penalties reaching up to PLN 50,000, and in some cases sanctions may be imposed separately for each illegally employed worker.
For this reason, employers hiring foreign nationals should carefully verify employee documentation and comply with all formal requirements related to the legalisation of employment in Poland.
Non-compliance may also result in a decision obliging the foreign national to return to their country and may affect re-entry to the Schengen countries.
