Electronisation of procedures and registration of contracts

All applications for work permits must be submitted exclusively electronically via the praca.gov.pl portal. In addition, employers will be required to send copies of employment contracts concluded with foreigners to the relevant authorities. Failure to provide such documentation may result in a fine of between PLN 1,000 and PLN 3,000.

New obligations when concluding employment contracts with foreigners

Contracts with foreigners drawn up exclusively in a foreign language must have a certified translation into Polish and be kept for the entire period of employment and two years after its termination. Bilingual contracts do not require translation. In addition, if a foreigner has a work permit or a declaration of entrusting work, the contract must be sent to the relevant authority before the start of work, via an ICT system.

Tighter controls and sanctions

Control authorities, such as the National Labour Inspectorate and the Border Guard, will gain new powers, including the ability to carry out unannounced checks on the legality of employment. Penalties for illegally employing foreigners will range from PLN 3,000 to PLN 50,000 for each illegally employed worker.

New grounds for refusing to issue a permit

The provincial governor will be obliged to refuse to issue a work permit if he finds that the company was established or operates mainly for the purpose of facilitating the entry of foreigners into the territory of Poland. This applies in particular to entities that do not conduct actual economic activity, but only derive profits from intermediation in the legalisation of residence.

Restrictions on outsourcing of services

The new regulations introduce restrictions on the outsourcing of services. The office will refuse to issue work permits if the circumstances of the case indicate that the foreigner will be employed by an entity that is not a temporary employment agency and the work will be performed for another entity.

Changes in labour market tests

The obligation to conduct a labour market test has been abolished in most cases. However, in the event of a deterioration in the labour market situation, the competent state authorities will be able to draw up lists of professions in which the issuance of work permits to foreigners will be restricted.

Summary

The new regulations introduce a number of obligations and tighten sanctions for employers hiring foreigners. It is important for entrepreneurs to adapt their procedures to the new requirements in order to avoid potential penalties and ensure the legality of employment.

Authors: attorney Katarzyna Bączyk, trainee lawyer Hubert Roszyk