Employer's obligations when employing a foreigner in Poland

The employer's obligations when employing a foreigner in Poland in 2025 are clearly defined by the law. Any company or entrepreneur that decides to employ a foreigner must keep in mind a number of formalities that ensure the legality of the employment and protect against legal consequences.

Employment of foreigners in Poland - key principles

Before working with a foreign national, the employer must ensure that the candidate has:

• a valid document entitling the holder to stay in Poland (e.g. visa, residence card, temporary or permanent residence permit),
• a document authorising the work, if required (e.g. a work permit, a statement on entrusting work to a foreigner).

In some cases, e.g. for nationals of selected countries (Ukraine, Belarus, Georgia, Armenia, Moldova), it is possible to be employed on the basis of a declaration registered at an employment office.

Employer's obligations when employing a foreigner - step by step

1. Verification of documents
   The employer should check that the foreigner has a valid residence permit and the right to work. Copies of these documents should be made and kept for the entire period of employment.
2. Conclusion of contract
   The contract should be in writing and contain terms and conditions as declared in the work permit application or declaration. Most often it is an employment contract, but in some cases civil law contracts are permissible.
3. Notification of employment
   The employer is obliged to report the foreigner to the social security (ZUS) and to the tax office within 7 days of starting work.
4. Informing the authorities
   If a work permit or declaration of entrustment is obtained, the employment office must be informed of the foreigner's commencement and termination of employment.
5. Ensuring legal working conditions
   The employer must provide wages no lower than the minimum wage, adequate working conditions and comply with all labour laws.
6. Storage of records
   All documents related to the employment of a foreigner (copies of documents, contract, applications) must be kept for the entire period of employment and for 3 years after its termination.

Formalities when employing a foreigner - what else to remember?

• If there is a change in the terms and conditions of employment (e.g. position, working hours), this must be reported to the relevant authorities.
• The employer should regularly monitor the validity of the foreign national's residence and work documents.
• In the event of an official inspection, full documentation proving the legality of the employment must be provided.

Consequences of non-compliance with obligations

Employing foreigners in Poland without completing the required formalities risks high financial penalties and even criminal liability. Employers can be fined up to tens of thousands of zlotys for each illegally employed foreigner.

Summary

The employer's obligations when employing a foreigner in Poland are set out in detail and are not worth ignoring. Compliance with the regulations is not only the security of the company, but also a guarantee of legal and stable employment for the foreigner. If you have any doubts, consult a lawyer or a specialist in legalising the work of foreigners.