The Polish labour market has undergone a fundamental change in recent years. From a country of labour emigration, Poland has become one of the main destinations for foreign workers, especially from Ukraine, Asia and Eastern Europe. For many companies, employing foreign nationals has become an essential part of doing business. At the same time, for years the legalisation process was treated as an administrative task, handled on an ad hoc basis and without a strategic approach.
The changes applicable from 2026 clearly show that the previous approach to employment legalisation is not only no longer sufficient, but may also lead to significant operational and legal risks.
The changes include, among others:
- growing employer responsibility for the accuracy and validity of documents,
- further digitalisation of procedures and data exchange with institutions,
- greater transparency and consistency of information,
- more intensive inspections and stronger emphasis on compliance with regulations.
This means that errors in the legalisation process will less often be seen as the result of “system limitations” and more often treated as a failure by the employer to meet its obligations.
Digitalisation of Foreign Employment Legalisation Processes: What Does It Mean for Employers?
Applications for employment legalisation have been fully transferred to electronic systems.
- From 1 June 2025, all applications relating to the legalisation of foreign nationals’ work, including work permits, declarations on entrusting work to a foreign national, notifications and supplementary documents, must be submitted exclusively electronically via the praca.gov.pl portal.
- From 27 April 2026, the mandatory MOS system, the Case Handling Module (Moduł Obsługi Spraw) available at mos.cudzoziemcy.gov.pl, was introduced.
The new regulations apply to all foreign nationals from outside the EU, EEA and Switzerland, regardless of their country of origin, such as Ukraine, India, the Philippines, Nepal and others.
Electronic applications and data systems require careful attention to information quality
What does this mean in practice?
- every piece of information is recorded and can be verified,
- irregularities are identified at an early stage,
- the entire process becomes fully transparent to the authorities.
The move away from paper documentation also means the end of a more flexible approach to errors. In a digital environment, data quality becomes critical from the moment information is entered into the system.
No Labour Market Test: Simplification or Greater Employer Responsibility?
One of the most noticeable changes introduced from 1 June 2025 is the abolition of the requirement to obtain the so-called “starosta information”, commonly referred to as the labour market test. This solution was introduced, among other things, under the Act of 20 March 2025 on the Conditions for Entrusting Work to Foreign Nationals in the Republic of Poland, together with related changes to labour market regulations and the Act on Foreigners.
Removing the obligation to obtain “starosta information” significantly shortens the process of employing foreign nationals. At the same time, responsibility for the justification of employment shifts to the employer. This means more flexibility, but also greater risk if incorrect decisions are made.
Employment Legalisation as an Ongoing Process
One of the most important practical changes in the application of the rules in 2026 is the move away from viewing employment legalisation as a one-off administrative action. The new regulations and the practice of the authorities clearly indicate that obtaining a permit or declaration is only the beginning of the process, not its completion.
Which obligations must be monitored during the employment of a foreign national?
The new obligations include, among others:
- reporting changes in employment
- informing the authorities about the end of work
- monitoring the employee’s status
This means that legalisation does not end once a document has been obtained. It is a process that must be controlled throughout the entire employment period. Failure to monitor deadlines and statuses may lead to situations where, for example, a document expires or an application is submitted after the deadline, which may make continued employment impossible.
The Cost of Legalising Foreign Workers’ Employment: Why Are Errors Becoming More Expensive?
The increase in administrative fees means that legalising the employment of foreign nationals is no longer merely a technical cost, but is becoming a significant element of the total cost of employment.
At the same time, the inability to recover fees in the event of errors means that every mistake results in a real financial loss and extends the process.
In practice, this requires more carefully considered hiring decisions, greater precision in preparing documentation and ensuring that the entire process is completed correctly the first time.
Inspections by the National Labour Inspectorate, Border Guard and Authorities: How Can Employers Reduce the Risk of Sanctions?
The year 2026 has brought a clear change in the approach of supervisory authorities, from inspections based mainly on document verification to a model based on ongoing monitoring and enforcement of compliance.
In practice, this means an increase in:
- the number of inspections carried out by authorities such as the National Labour Inspectorate (PIP), the Border Guard and provincial offices,
- the effectiveness of inspections thanks to access to integrated data,
- and real sanctions where irregularities are identified.
Importantly, the risk is no longer limited to intentional breaches. Increasingly, it also applies to organisations where processes are not sufficiently structured and controlled.
What Should an Employer Do Before Hiring a Foreign National?
In 2026, legalising the employment of foreign nationals is no longer just about obtaining a document. It is a process that must be managed consciously and on an ongoing basis. Today, errors do not end with formalities; they translate into real financial, operational and legal risk.
How can employers reduce risk when hiring foreign workers?
Above all, the employer should organise its documentation, verify the validity of permits, declarations and residence documents, implement deadline monitoring and clearly assign responsibility for handling the process. Particular importance should be placed on data consistency between HR documentation, applications submitted to the authorities and the current employment status of the foreign national.
When is it worth considering outsourcing the legalisation of foreign employment?
Outsourcing the Legalisation of Foreign Nationals’ Employment is particularly worth considering when a company employs many foreign nationals, operates in several locations, uses different forms of employment or does not have an internal team that continuously monitors changes in regulations, deadlines and document statuses. In this model, legalisation is no longer only an administrative task, but becomes part of operational risk and compliance management.
If your organisation employs foreign nationals or plans to expand in this area, now is the right time to organise your processes and reduce risk.
Contact us to check whether your foreign employment model is safe and compliant with current regulations before an inspection does it for you.