Changes in the employment of foreign nationals and the labour market 2025 – what is worth knowing?

By the end of 2024, foreign workers in Poland accounted for almost 7% of the total workforce. This level of participation by foreign nationals in the labour market confirms their growing role in the economy and also indicates that this phenomenon is no longer marginal. The Central Statistical Office (GUS) reports that labour migration encompasses both workers from neighbouring countries (Ukraine, Belarus) and from more distant regions of the world (India, Nepal, the Philippines, Colombia). Due to the number and diversity of new entrants to the labour market, the previously applicable inconsistent and outdated regulations no longer reflected the reality. Consequently, new regulations came into force on 1 June 2025.

1. What has changed under the Act on the Conditions for the Employment of Foreign Nationals?

The Act introducing the vast majority of changes is the Act of 20 March 2025 on the conditions for the employment of foreign nationals (Journal of Laws 2025, item 621), which came into force on 1 June 2025. This Act replaced the previous regulations (including by repealing the relevant provisions of the 2004 Act on the Promotion of Employment) and comprehensively regulates the rules for employing foreign nationals. Its aim is to simplify procedures and increase transparency whilst strengthening supervision of the legality of foreign nationals’ employment. The key new provisions are:

• Full digitisation of procedures

All applications concerning the employment of foreign nationals must be submitted exclusively electronically via the praca.gov.pl portal, and documents submitted in any other form will not be considered. The legislator assumes that, through a fully digital process, the time taken to process applications will be reduced. The electronic system is designed to automatically verify certain conditions (e.g. whether the employer has been penalised for illegal employment, or whether the proposed remuneration is grossly inadequate). The legislator has set a two-year period for the implementation of the new digital solutions.

• Higher penalties and unannounced inspections

The reform has increased penalties for illegally employing foreign nationals. The fine for an employer now ranges from PLN 3,000 to PLN 50,000 for each confirmed case of illegal employment. This is a significant increase, as previous penalties ranged from PLN 1,000 to PLN 30,000. Importantly, from now on, the amount of the fine is calculated based on the number of illegally employed workers. This is intended to punish larger violations more fairly and deter breaches of the law. The Act has also strengthened the inspection powers of the Border Guard and the National Labour Inspectorate. These bodies may now carry out unannounced inspections of the legality of foreign workers’ employment, and even conduct independent inspections simultaneously within the same entity. The ‘surprise’ effect is intended to increase the effectiveness of detecting irregularities.

• End of the labour market test

Among the changes, the obligation to carry out the so-called ‘labour market test’ prior to employment has been abolished, replacing the regulation with a flexible procedure to be adapted by the districts. Previously, an employer had to obtain information from the district administrator confirming the absence of unemployed Poles for a given position. In the context of record-low unemployment, such a procedure has become ineffective and unnecessary. The new regulations provide for a more flexible approach – individual districts will be able to periodically restrict the employment of foreign nationals in selected sectors within their area if they deem it necessary to protect the local labour market.

• New formal requirements for employers

A number of new requirements have been introduced to tighten up the system and prevent abuse. Before employing a foreign national, the employer must send a copy of the contract concluded with them to the relevant office. This is intended to enable a comparison of the terms of the contract with those of the permit and to prevent the practice of ‘fabricating’ contracts just before an inspection. Furthermore, the labour office may refuse to register a declaration if the employer is in arrears with social security contributions or taxes.

2. Amendments to the Act on Foreigners – EU Directives

In addition to the Act of 20 March 2025, the Act on Foreigners has also been amended to implement EU changes. From 1 June 2025, new regulations regarding the EU Blue Card for highly qualified workers from third countries will come into force. First and foremost, the definition of ‘highly qualified’ has been broadened – now it may include not only those with a higher education degree, but also those with relevant professional experience comparable to a degree.

The new regulations also ensure easier mobility – Blue Card holders may exercise their right to short-term and long-term work in another EU country without having to start the entire procedure from scratch. Accordingly, family members of such workers are now permitted to join them under family reunification. Under the amendment, if a foreign national is residing in Poland on the basis of a residence permit for long-term mobility (i.e. they arrived here as a Blue Card holder issued by another EU country), their family may also apply for temporary residence in Poland.

Summary

The reform of the regulations represents a significant step towards streamlining, simplifying and digitising procedures related to the labour market. The new regulations impose significant formal obligations on employers and increase their liability, whilst opening up new opportunities for highly qualified specialists from abroad, including through the implementation of EU directives.

Given the growing number of foreign nationals working in Poland and the rapidly changing regulations, employers should analyse the current legal requirements with particular care. Oversights may result in serious financial and organisational sanctions. If you need assistance, please contact HWW Hewelt Wojnowski Lindner i Wspólnicy, which guarantees professional support at every stage.