27 February 2025

The Polish Parliament has passed new law regarding the employment of foreigners

On 21 February 2025, Parliament passed a law on the conditions for the admissibility of the assignment of work to foreigners, which introduces significant changes in the procedures for the employment of foreigners. The new regulations abolish the labour market test, which means that the counties themselves will decide in which professions and industries they will limit the possibility of entrusting work to foreigners.

The reform also provides for the creation of service points for foreigners at employment offices, which is intended to streamline procedures and make them more accessible. Mandatory grounds for refusal of a work permit have also been introduced, especially in cases where the employer's activity does not have a real economic character, but only serves to facilitate the entry of foreigners into Poland.

Penalties for illegal employment of foreigners will be increased. Inspections by the Border Guard and the National Labour Inspectorate will also be improved - they will be able to be carried out without prior notice and several inspection bodies will be able to act simultaneously.

Another important element of the law is the complete digitalisation of the work permit process, from the moment the application is submitted until the decision is received.

In the end, Parliament decided against the most controversial proposals relating to the obligation to employ foreigners only on the basis of employment contracts and the removal of student status from the list of reasons exempting a foreigner from the work permit requirement.

Therefore, it may be assumed that the proposed changes may indeed improve the procedures related to the legalisation of foreigners' work.

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