Legal Residence vs the Right to Work in Poland: What Employers Must Verify

When Is It Legal to Employ a Foreign National in Poland?

Two Requirements for Legally Employing a Foreign National: Legal Residence and the Right to Work

As a general rule, two separate conditions must be met for a foreign national to work legally in Poland: their residence must be legal, and they must have the appropriate authorisation to work.

Each time a foreign national is employed, the employer should verify both the legal basis for their residence and their right to work. A residence document alone, such as a visa, residence card, stamp in a passport or confirmation that a residence application has been submitted, does not generally grant the right to work unless additional requirements are met.

What Does “Access to the Labour Market” on a Polish Residence Card Mean?

Is the “Access to the Labour Market” Annotation Sufficient to Work Legally?

A residence card confirms a foreign national’s identity and the type of residence permit they hold. However, the extent of their access to the labour market depends on the grounds on which the permit was issued. The annotation “access to the labour market” confirms that the foreign national is entitled to work in Poland or is exempt from the requirement to hold a work permit. However, it does not always mean that they have full and unrestricted access to the labour market.

Employers Must Verify the Document’s Validity, the Basis for Residence and the Decision

In the case of a temporary residence and work permit, the foreign national’s employment may be restricted to the employer, position and terms specified in the relevant decision. The employer should therefore verify the document’s validity, the grounds for residence and the content of the decision.

The conditions specified in the decision and the documents submitted during the proceedings are crucial in the case of a temporary residence and work permit. Employers should not simply place a copy of the residence card in the employee’s personnel file. They must determine the grounds on which the card was issued and whether the individual is permitted to work for a specific employer under the proposed terms.

This is important in practice. Even if a company assists a foreign national in preparing the necessary documents, it is not a party to the temporary residence and work permit proceedings. Nevertheless, the company remains responsible for ensuring that the actual employment terms comply with the law. Any change of employer, position, type of contract, working hours or remuneration must be assessed in light of the decision and the statutory exceptions under which neither a new permit nor an amendment to the existing permit is required. A change in the place of work also does not always affect the permit’s validity. It is therefore necessary to determine in each case whether the place of work is specified as a condition in the particular document authorising the foreign national to work.

Online Procedures for Legalising a Foreign National’s Residence and Employment

MOS: Submitting Residence Applications for Foreign Nationals

The Case Handling Module (Moduł Obsługi Spraw, or MOS) is an online portal for handling foreign nationals’ residence matters. It provides access to information and checklists and enables users to submit electronic applications for temporary residence permits, permanent residence permits and EU long-term resident permits. Since 27 April 2026, these applications must generally be submitted exclusively online through MOS, subject to exceptions for certain categories of proceedings.

MOS is a useful tool, but it does not independently confirm that a foreign national is legally employed. Creating an account, completing a form, submitting a residence application or obtaining confirmation from the system does not in itself mean that the foreign national may work for a particular employer under any terms.

In practice, employers must distinguish between:

• submitting a residence application,
• the status of the case in MOS,
• legal residence,
• the right to work,
• compliance of the employment terms with the documents authorising the foreign national to work.

The praca.gov.pl Portal: Online Work Authorisation for Foreign Nationals

Since 1 June 2025, matters relating to employing foreign nationals have been handled online through the praca.gov.pl portal. This includes applications for work permits, declarations on entrusting work to a foreign national, and the submission of documents and attachments.

The new legislation abolished the labour market test, simplifying many procedures. We discuss the legislative changes, the digitalisation of procedures and employers’ new obligations in greater detail in our article on the obligations and risks associated with legalising the employment of foreign nationals from 2026. However, this does not give employers complete freedom when hiring foreign nationals. Employers must still select the appropriate work authorisation procedure, meet all applicable deadlines, ensure that the information provided is consistent and maintain records documenting the entire process.

Employing Ukrainian Nationals in Poland: How Is the Procedure Simplified?

Ukrainian nationals are subject to special rules. Since 5 March 2026, a notification of entrusting work to a foreign national has served as the basis for working without a work permit for individuals benefiting from temporary protection in Poland. During the transitional period, this procedure also applies to Ukrainian nationals who are legally residing in Poland but do not benefit from temporary protection, provided they have no other legal basis granting them unrestricted access to the labour market.

A Simplified Procedure for Employing Ukrainian Nationals Still Involves Formalities

The employer or its authorised representative must submit the notification electronically through praca.gov.pl to the competent district labour office within seven days of the employee starting work. Before using this procedure, the employer must determine the foreign national’s current residence status, including whether they hold UKR status as a Ukrainian national benefiting from temporary protection, a CUKR residence card as a Ukrainian national who previously benefited from temporary protection, or another form of legal residence.

This procedure is simpler than obtaining a standard work permit, but it is not unconditional. The employer must ensure that the foreign national is legally residing in Poland, that the notification has been submitted on time and that it reflects the actual employment terms. A new notification must be submitted within seven days if there is a change in the type of contract, position or type of work performed, or if the working time, number of working hours, or monthly or hourly rate of pay is reduced.

What Documents Must an Employer Check and Retain When Employing a Foreign National?

The employee records should make it possible to reconstruct the entire verification process, from confirming the foreign national’s identity and legal residence to establishing their right to work and checking that the actual employment terms comply with the documents authorising their employment. However, a growing number of companies treat the legalisation process not only as an administrative obligation but also as part of their risk management and organisational development. We discuss this in more detail in our article on the strategic importance of legalising the employment of foreign nationals

Checklist of Employment Documents for a Foreign National

A foreign national’s employment records should include the following documents:

• a copy of their identity document,
• a copy of their residence document or other proof of legal residence,
• a document authorising them to work, such as a work permit, declaration, notification or confirmation that they are exempt from the work permit requirement,
• a contract consistent with the terms of the applicable work authorisation,
• confirmation that the foreign national was provided with the contract in a language they understood before signing it, together with documents confirming compliance with the requirements applicable to the relevant procedure,
• confirmation that the relevant applications or notifications were submitted through the praca.gov.pl system,
• records of correspondence with the competent authority.

Since 1 June 2025, employers have also been required to provide the competent authority with a copy of the contract concluded with a foreign national where this is required under the applicable work authorisation procedure. In the case of a work permit or a declaration on entrusting work to a foreign national, a copy of the signed contract in Polish must be submitted electronically through praca.gov.pl, before the foreign national starts work, to the authority that issued the permit or entered the declaration in the register. Confirmation that the contract copy was submitted should be retained in the employee’s records.

When Can the Employment of a Foreign National Be Considered Illegal?

The greatest risk arises when an employer relies on a single document or a statement made by the foreign national instead of verifying all the requirements for legal employment.

Situations Requiring Particular Attention When Employing Foreign Nationals

Employers should exercise particular caution in the following situations:

• the candidate only has a stamp in their passport and claims that they are “waiting for their residence card”;
• the candidate has a residence card, but it is unclear on what grounds it was issued;
• the residence permit decision relates to another employer;
• the employee changes their position or working hours;
• the remuneration specified in the employment contract differs from that stated in the relevant documents;
• the employee is to work at a client’s premises or in a location other than the one originally specified;
• the employee’s visa, visa-free stay, residence card or work authorisation document is about to expire;
• a Ukrainian national has started work, but the required notification was not submitted by the deadline.

Penalties for the Illegal Employment of Foreign Nationals

Failure to properly verify a foreign national’s documents may result in their employment being deemed illegal. This applies both when the required work authorisation is missing and when the work is performed in breach of the conditions specified in a work permit, declaration, notification, or temporary residence and work permit. When assessing any discrepancy, however, employers should consider the statutory exceptions under which a change in employment terms does not require a new document or an amendment to the existing permit.

The consequences of failing to properly legalise a foreign national’s employment include statutory penalties as well as organisational consequences and increased scrutiny from the authorities. The most important risks include:

• a fine of PLN 3,000 to PLN 50,000 for illegally entrusting work to a foreign national; if more than one foreign national is employed illegally, the fine is calculated in proportion to the number of individuals involved and amounts to at least PLN 3,000 for each person;
• the risk of fines for other breaches of information, documentation or work authorisation requirements;
• adverse consequences during inspections by the National Labour Inspectorate, the Border Guard or other authorities;
• the risk that the legality of the employment will be challenged, together with the need to rectify the documentation immediately;
• potential difficulties in subsequent work authorisation procedures, particularly if the employer repeatedly makes errors or submits information that does not reflect the actual circumstances.

Examples of the Illegal Employment of a Foreign National

The examples below show that penalties may result both from an obvious failure to obtain a required document and from seemingly minor discrepancies between the work authorisation documents and the actual employment terms.

• No required permit, declaration or notification: The employer allows a foreign national to start work even though a document authorising that individual to work is required. This may result in a fine of between PLN 3,000 and PLN 50,000 for illegal employment.
• Working under different conditions from those specified in the documents: A foreign national holds a work permit for a “production worker” position but actually performs warehouse duties or works different hours from those specified in the documents. Such a discrepancy may be treated as illegal employment.
• Working for an employer other than the one specified in the decision or permit: The foreign national holds valid documents, but they relate to another entity. Simply holding a residence card or a previously issued permit is not sufficient to work legally for a new employer.
• A Ukrainian national starts work, but the notification is not submitted on time: A late notification or failure to submit one may create a risk that the employment will be deemed non-compliant with the applicable regulations.
• No written contract before the individual starts work: Allowing a foreign national to start work without first entering into a written contract or providing its content in a language they understand may result in liability for a regulatory offence and additional findings during an inspection.
• Misleading a foreign national or exploiting their dependent position: If an employer or a person acting on the employer’s behalf causes a foreign national to work illegally by misleading them, exploiting a relationship of dependence or taking advantage of their lack of awareness, a fine of between PLN 6,000 and PLN 50,000 may be imposed.
• Charging fees for obtaining work authorisation: Obtaining a financial benefit from a foreign national in return for taking steps to secure a work permit or another document authorising them to work may result in a fine of between PLN 6,000 and PLN 50,000.

How Can Employers Reduce the Risks of Employing Foreign Nationals?

From an employer’s perspective, it is essential to confirm both the legality of a foreign national’s residence and the specific legal basis for their right to work before allowing them to start work. If there are any doubts, it is advisable to postpone the start date until the status of the relevant documents has been clarified.

Following the changes that took effect on 1 June 2025, the procedures have become increasingly digital, but the scope of employers’ responsibility has not been reduced. Errors in information, deadlines and documentation are now easier to detect, and any identified irregularities may result in allegations that a foreign national has been employed illegally.

Legal Framework for Employing Foreign Nationals in Poland

The legislation and availability of the sources were verified as at 30 July 2026. As the regulations are subject to frequent change, the current wording of the relevant legislation and announcements issued by the competent authorities should be checked before applying the procedures described above.

• Ustawa z dnia 20 marca 2025 r. o warunkach dopuszczalności powierzania pracy cudzoziemcom na terytorium Rzeczypospolitej Polskiej (Dz.U. z 2025 r. poz. 621, z późn. zm.) - the principal legislation governing foreign nationals’ access to the labour market, the obligations of entities entrusting work to them and liability for infringements.
• Ustawa z dnia 12 grudnia 2013 r. o cudzoziemcach (Dz.U. z późn. zm.) - provisions concerning, among other matters, legal residence, temporary residence and work permits, and residence cards.
• Ustawa z dnia 15 czerwca 2012 r. o skutkach powierzania wykonywania pracy cudzoziemcom przebywającym wbrew przepisom na terytorium Rzeczypospolitej Polskiej (tekst jedn. Dz.U. z 2025 r. poz. 1567) - penalties and other consequences of employing foreign nationals who do not hold a valid residence document.
• Urząd do Spraw Cudzoziemców, materiały „Praca” i „Karta pobytu” - official guidance on the relationship between residence status, residence cards and the right to work.
• Urząd do Spraw Cudzoziemców, „Informacja o uruchomieniu systemu teleinformatycznego MOS” z 27 kwietnia 2026 r. oraz „MOS — pytania i odpowiedzi” - guidance on submitting residence applications electronically and using the MOS portal.
• Ministerstwo Rodziny, Pracy i Polityki Społecznej - Wortal Publicznych Służb Zatrudnienia, materiały „Zatrudnianie cudzoziemców” i „Obowiązki pracodawcy” - information on work authorisation procedures, document verification, written contracts and the requirement to submit a copy of the contract to the competent authority.
• Biznes.gov.pl, „Kiedy praca cudzoziemca w Polsce jest legalna” - practical guidance on the requirements for legal residence and employment and the meaning of the “access to the labour market” annotation.
• Wydział Spraw Cudzoziemców Pomorskiego Urzędu Wojewódzkiego, „Dostęp do rynku pracy” - an explanation of the scope of the annotation included on residence cards.