In connection with the adoption of the Act on the conditions of employment of foreign workers in the territory of the Republic of Poland, new provisions have been introduced and previously applicable provisions have been clarified regarding the submission of work permits, conditions for them, control, etc.

The Act of 20 April 2004 on employment promotion and labour market institutions is replaced by the new Act of 20 March 2025 on the conditions of admissibility of entrusting work to foreigners in the territory of the Republic of Poland (Ustawa z dnia 20 marca 2025 r. o warunkach dopuszczalności powierzania pracy cudzoziemcom na terytorium Rzeczypospolitej Polskiej), which clarifies and introduces a number of new provisions regarding the entrustment of work to foreigners in the territory of the Republic of Poland.

Increasing the role of public employment services in issuing work permits to foreigners..

District heads will receive new powers – they will be able to establish lists of professions for which foreigners will not be able to obtain work permits in the event of a deterioration in the local labor market.

District labor offices will establish service points for foreigners.

The law provides for the introduction of action programs for the professional activation and social integration of foreigners. The Minister of Labor will be able to create an activation program, within the framework of which measures will be taken to support the professional activation, integration and social activity of foreigners. It is also planned to co-finance training in the field of assistance in learning the Polish language (for foreign doctors and nurses).

Simplification and optimization of procedures for entrusting work to foreigners, including full electronic processing of cases on entrusting work to foreigners.

Strengthening control over the legality of employment of foreigners. Checks on the legality of employment can be carried out without prior notice, checks by the Border Guard and the National Labor Inspectorate can be carried out in parallel.

Other innovations and changes include the following.

A newly created legal entity operating for less than a year and a legal entity that has entrusted work to a foreigner for no more than 1/2 of the full working time will not be able to obtain a work permit for a period longer than 1 year. The maximum period for which a permit can be issued in standard cases is 3 years.

The amount of remuneration of a foreigner may not be lower than the amount of remuneration of Polish workers performing similar work or lower than the minimum wage provided by law. At the same time, for the purposes of obtaining a work permit, the working time of a foreigner may not be less than 1/4 of the full working time and may not be more than the full working time.

An obligation is introduced to send a copy of the contract concluded with the foreigner to the voivode or starost after issuing a work permit or after registering the application. This rule does not apply to situations in which a foreigner residing in Poland has been entrusted with the function of a member of the management board or if he is a representative of a limited partnership or a limited joint-stock partnership or a trustee.

The deadlines for fulfilling information obligations related to obtaining a work permit will change: an organization entrusting work to a foreigner is obliged to notify the authority that issued the work permit within 7 days of the foreigner's failure to start work within 2 months from the date of commencement of the work permit, of the foreigner's interruption of work for a period exceeding 2 months, or of the termination of work earlier than 2 months before the expiration of the work permit. The notification must be submitted electronically via the IT system.

Organizations that entrust work to foreigners will have to notify in writing the wojedowa who issued the work permit of the loss of work by a foreigner who was issued a residence and work permit, within 15 days from the date of this event.

Mandatory grounds for refusing to issue a work permit have been introduced, including if the company was created with the main purpose of facilitating the entry of third-country nationals.

Fines for illegal work have been increased.