A significant reform to immigration legislation is due to take effect which will impact corporate immigration in Poland. The main aim of the new legislation is to modernize and adapt Poland’s labour market regulations to better reflect current economic and demographic realities, particularly in light of the increasing inflow of foreign workers. The President signed the new law, which is expected to take effect on 1 May 2025.
In a significant legislative development, the President of Poland has signed into law an Act on the Conditions for the Permissibility of Assigning Work to Foreigners on the Territory of the Republic of Poland that will comprehensively replace the current Act on the Promotion of Employment and Labour Market Institutions. This reform is designed to modernize and adapt Poland’s labour market regulations to better reflect current economic and demographic realities, particularly in light of the increasing inflow of foreign workers. The new legal framework will enter into force on the first day of the month following the lapse of 14 days from the date of its official publication in the Journal of Laws (Dziennik Ustaw) and it is expected to be on 1 May 2025. This transitional period provides employers and relevant institutions a limited window to prepare for the forthcoming changes.
Key provisions introduced by the new legislation:
Abolition of the local labour market test
The requirement for employers to conduct a labour market test—intended to confirm the unavailability of local workers prior to hiring a foreign national—has been eliminated. This change aims to simplify and expedite the employment process for foreign nationals, particularly in sectors experiencing chronic labour shortages.
Mandatory submission of signed employment contracts
Employers will now be required to submit a copy of the signed job contract to the authority that issued the work permit or declaration of entrusting work prior to the commencement of employment. This measure is intended to enhance transparency and facilitate monitoring of compliance with employment regulations. The obligation aims at monitoring commencement of employment after issuance of work authorization.
Shortened notification deadline
The period within which an employer must notify authorities of the failure to commence employment (or other relevant changes) has been reduced from three months to two months. This tighter deadline is expected to improve the timeliness of administrative records and oversight mechanisms.
Full digitalization of work permit procedures
The new legislation mandates the complete digitalization of the work permit application process. Electronic submission will become the standard, significantly reducing administrative burden and processing times.
Revised list of ineligible residence and visa documents
A shorter and updated list of residence permits and visa types has been introduced, identifying those which do not authorize employment in Poland—even if the individual holds a valid work permit. This aims to clarify legal ambiguities and ensure alignment with immigration policy objectives.
Restrictions on visa-free nationals
Authorities will have the discretionary power to publish a list of countries whose nationals, despite possessing a valid work permit, may be barred from employment in Poland if they are present under a visa-free regime. This tool allows for flexible responses to labour market or security concerns.
Abolition of work permit extensions
The legal mechanism for extending work permits has been eliminated. In its place, companies seeking to prolong legal employment must submit a new work permit application. The application must contain the same employment conditions to prolong the legality of work by a sole fact of submission.
Remote work
The remote work provision exempts only cases of occasional, incidental activities performed for a home country employer, unrelated to the labor market and economy of Poland by a foreigner who stays in Poland for reasons other than performing these activities (for example during a vacation or while visiting relatives). Performing work in Poland for a foreign employer that is not of an incidental nature will require obtaining a work permit.
Prioritization of applications
The new legislative framework introduces the possibility of prioritizing certain categories of work permit applications. Top priority will be granted to companies crucial to the Polish economy, work permits prolonging legal employment based on the same employment conditions and certain professions.
Introduction of profession-based exclusions
Administration will gain the authority to publish a list of professions that, due to current labour market conditions, may be excluded from eligibility for work permits. This provision introduces a more strategic and data-driven approach to managing the supply of foreign labour.
Redefinition of capital ties in secondment contexts
The legal definition of “capital ties” between companies will be updated, particularly in relation to employees seconded to work in Poland. This aims to close existing loopholes and ensure consistent application of secondment regulations.
Compliance with tax and social security
The new law provides for a basis to deny a work permit if the employer fails to pay social security contributions or income tax advances as well as when (based on the criteria set in the new law) an entity was created or is operating primarily to facilitate the entry of foreign nationals into Poland, without the intention of providing subsequent employment.
Increased sanctions for illegal employment
Penalties for the illegal employment of foreign nationals will be raised up to 50 000 PLN. This change reflects the government’s intention to strengthen enforcement and deter non-compliant practices within the labour market.
Poland’s new immigration rules aim to tighten control over foreign employment. While the abolition of the labour market test and digitalisation may streamline some processes, new obligations — like mandatory submission of signed contracts, shorter reporting deadlines — increase compliance pressure on employers. Additional restrictions based on visa type, profession, or nationality give authorities more discretion, but also introduce uncertainty. The changes signal a shift toward stricter oversight with heavier penalties, but on the other hand, they support businesses that are crucial to the Polish economy, have strategic investments, and seek to extend the employment of their foreign workers.
As an immigration service provider, we help employers and HR teams navigate new regulations, ensure compliance, and avoid penalties. Should you wish to discuss the risks which may result from the above law change in detail, please do not hesitate to contact us.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Jadwiga Chorązka
Partner
Emilia Piechota
Immigration Managing Director
Katarzyna Górnicka
Immigration Manager
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