Basis for work versus basis for residence
These are two separate matters. Legal residence does not always automatically mean the right to work for a particular employer.
Employing foreigners: employer obligations and legalising work
This section organises the obligations of an entity entrusting work to a foreigner. It does not replace an analysis of your specific case — it points to which questions to ask and where to confirm the answer.
What the employer must determine
The scope of obligations depends on the basis for work and the employee's residence status.
Declaration of entrustment of work and work permit
The administration provides for different instruments for allowing a foreigner to work — a work permit (zezwolenie na pracę) and a declaration of entrustment of work (oświadczenie o powierzeniu wykonywania pracy). Which one applies depends on the employee's situation and the nature of the work.
Information obligations
The entity entrusting work bears notification and documentation obligations. The basis is the Act of 20 March 2025, and practical explanations are published by the Ministry of Family, Labour and Social Policy (Ministerstwo Rodziny, Pracy i Polityki Społecznej) and by Zielona Linia (the employment offices' information line).
Changes to employment conditions
A change of position, remuneration, working hours, or employer can affect the foreigner's basis for work. The consequences must be assessed before making the change.
Employee's residence document and inspections
The employer should be able to demonstrate the legality of the employment. In practice this means verifying the residence document before work begins and monitoring its validity.
Work during pending proceedings
The situation of an employee awaiting a decision requires a separate assessment. You should not assume a single universal solution applies to all cases.
Employing foreigners — what changed as of 1 June 2025
The Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners (Journal of Laws 2025, item 621) is now in force. It replaced the provisions on work permits from the 2004 Act on Employment Promotion. Employer obligations, penalty amounts, and the scope of inspections have changed.
The most important consequences for the entity entrusting work. First, before allowing a foreigner to start work, you are obliged to demand from them a valid document authorising residence in the territory of the Republic of Poland. Second, you must submit a copy of the contract concluded with the foreigner to the authority that issued the work permit — a register of contracts has been created. Third, from 8 July 2026, converting a civil-law contract into an employment contract will not require a new permit or declaration, provided the remaining terms of employment do not change.
Penalties for illegally employing a foreigner
Illegally entrusting work to a foreigner carries a fine of PLN 3,000 to PLN 50,000. A State Labour Inspectorate inspector may impose an on-the-spot fine of up to PLN 10,000 without referring the case to court. However, the consequences reach further than the fine itself.
If, within the 24 months preceding the filing of an application, an inspecting authority reports that you hindered or prevented an inspection of the legality of entrusting work to foreigners, the work permit will not be issued. In practice this means recruitment of foreigners is blocked for two years.
Verification of employee documents and handling of residence matters: Centre for Handling Foreigners' Affairs (Centrum Obsługi Spraw Cudzoziemców)
Inspection of employment legality — who may show up
The legality of entrusting work to foreigners is checked by the Border Guard and the State Labour Inspectorate. Border Guard officers act on the basis of authorisation from the competent commander. For larger groups of employed foreigners, both services carry out inspections jointly.
The inspection covers the legality of the foreigner's performance of work, the legality of the foreigner's conduct of business activity, and the legality of entrusting them with work. Border Guard divisions publish inspection procedures in their public information bulletins, and the State Labour Inspectorate makes the findings of completed inspections available.
Before entrusting work
- I know the employee's basis for residence and its end date.
- I know the basis on which the employee may perform work.
- The terms in the contract match the terms indicated in the documents.
- I know what notifications are required of me as an employer.
- I have a set way of monitoring the validity of documents.
Most common mistakes
- Assuming that legal residence alone is enough to entrust work.
- Failing to verify documents before the first day of work.
- Changing employment conditions without assessing the effect on the basis for work.
- Failing to monitor the expiry date of the employee's documents.
- Basing HR decisions on information from unofficial sources.
Your signature is now part of the employee's application
Since the launch of the new MOS (Moduł Obsługi Spraw — case-handling portal), the employer has become an active participant in the residence procedure. The foreigner enters the employer's email address in the system, to which a link is sent for an attachment that must be completed and signed electronically. Without that signature, the application will not be effectively filed.
This applies to the application for a temporary residence-and-work permit, to a temporary residence permit for conducting business activity in the form of serving on a company's management board, and to the EU Blue Card.
In practice this means three things: first, the person designated within the company must have a Trusted Profile (profil zaufany) or a qualified electronic signature (podpis kwalifikowany); second, a delay on your part delays the employee's case and may cost them the legality of their residence; third, it is worth deciding internally who receives such messages and within what time they are handled.
An analogous obligation applies to the institution conducting the studies and to the organiser of the traineeship or volunteering.
Source: Office for Foreigners (Urząd do Spraw Cudzoziemców), information on the MOS systemWhere to confirm employer obligations
The sources below lead to the legal provisions, explanations, and authorities responsible for legalising a foreigner's work.
- ISAP
Text of the Act of 20 March 2025 in the official collection of legal acts.
- Ministry of Family, Labour and Social Policy
Authority responsible for the Act on the conditions for the admissibility of entrusting work to foreigners.
- Zielona Linia
Practical explanations for employers employing foreigners.
- State Labour Inspectorate
Authority inspecting the legality of employment and working conditions.
- Border Guard
Procedures for inspecting the legality of employing foreigners.
- District labour office (Powiatowy urząd pracy)
Declarations of entrustment of work and seasonal work permits.
- Voivode
Work permits for foreigners.
- Office for Foreigners
Employee's residence status and residence documents.
- biznes.gov.pl
Filing of the application by the entity entrusting the work.
The content is for informational purposes only and does not constitute individual legal advice. Every administrative case depends on its individual facts — before taking any action, confirm the information at the official source or consult an authorised representative.
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