Poland: Changes in Regulations Regarding the Employment of Foreigners

The President has signed the Act on the Conditions for Permitting the Employment of Foreigners in the Territory of the Republic of Poland. It aims to reduce existing abuses, streamline procedures related to the employment of foreigners, decrease the backlog of cases handled by government offices, and ensure full digitalisation of proceedings. The new regulations are expected to come into force on 1 June 2025.

The Act on the Conditions for Permitting the Employment of Foreigners in the Territory of the Republic of Poland adopts, with various modifications, a number of existing solutions that were previously included in the Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions. It organises these provisions and introduces several new solutions. The act defines the conditions under which foreigners may access the labour market, the competent authorities, and the procedures to be followed in such matters. It also regulates specific actions related to professional activation and social integration of foreigners, funded by the Labour Fund.

The act also introduces a detailed, closed list of forms of economic activity for foreigners and specifies certain groups of foreigners to whom the provisions of the act do not apply. This is because the conditions for engaging in such activities are governed by separate Polish laws. Directly applicable provisions of international agreements, commonly applied international customs, or because the activity in Poland is incidental in nature and has no connection to the Polish labour market. This group includes, among others, foreigners who: hold a permanent residence permit in the Republic of Poland; have refugee status granted in the Republic of Poland; or have been granted permission to stay in Poland for humanitarian reasons.