Employment 2025

POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński

Details of the formal requirements are set out in 4.2 Registration Requirements for Foreign Workers . 4.2 Registration Requirements for Foreign Workers Recently, work has been carried out in Poland regard - ing changes to the regulations concerning the employ - ment of foreigners. As a result, the Act of 20 March 2025 on the conditions for the admissibility of entrust - ing work to foreigners on the territory of the Republic of Poland – which regulates this issue – was passed. The Act entered into force on 1 June 2025. Work Permits Depending on the form of work that a foreigner will perform in Poland, there are different types of work permits: • for the purpose of performing work in Poland on the basis of a contract with a Polish entity or, pos - sibly, on the basis of a contract with a temporary employment agency; • for the purpose of performing functions on the management board of a legal person or a capital company in organisation, or representing a limited partnership or a limited joint-stock partnership – or managing the affairs of such a company or per - forming the function of a proxy; • for the purpose of performing work in Poland as part of a posting from a foreign entity; and • for the purpose of performing seasonal work. The application for a work permit is submitted by the entity entrusting the work (employer) and addressed to the provincial governor. The application must be submitted via the ICT system (praca.gov.pl). The specific elements of the work permit application may depend on the type of work permit. The scope of information and documents required to be submit - ted with the application may vary depending on the practice adopted by the office processing the applica - tion. Experience also shows that the waiting time for a work permit may vary depending on the location of the office and the number of applications received. In Warsaw, this procedure usually takes several months.

Declaration on Entrusting Work to a Foreigner A declaration on entrusting work to a foreigner is the basis for entrusting work if the foreigner is a citizen of Armenia, Belarus, Georgia, Moldova or Ukraine and will perform work in the territory of the Republic of Poland on the basis of a contract with a Polish entity entrusting work to a foreigner or, alternatively, on the basis of a contract with a temporary employ - ment agency. It is also necessary to meet the condi - tions specified in the regulations regarding the type of work entrusted and its duration. In such a case, the employer is not required to obtain a work permit but submits a declaration of entrusting work to a foreigner to the district administrator via an ICT system (praca. gov.pl). If the conditions are met and the employer is able to submit a declaration on entrusting work to a foreigner, it is possible to legalise the foreigner’s work more quickly. Legalisation of Residence It should be remembered that, in addition to legalis - ing work, it is also necessary for a foreigner to obtain a valid residence title. According to the regulations, the employer requires the foreigner to present a valid document entitling them to stay in the territory of the Republic of Poland before starting work. The foreigner submits the application and documents necessary to obtain a visa in person at the Polish consulate. In practice, the entire procedure related to a foreigner’s employment in Poland should generally begin with obtaining a work permit/declaration of entrusting work to a foreigner entered in the register of declarations. In response to the needs that arose in connection with the COVID-19 pandemic, since April 2023, the Polish Labour Code has regulated the rules for remote work. Features of Remote Work Work may be performed entirely or partially (eg, two days a week) remotely. The place of remote work is indicated by the employ - ee (it may be their place of residence) and must be agreed with the employer. 5. New Work 5.1 Mobile Work

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