New regulations on the employment of foreigners. Companies are waiting for the government's decisions
The greatest success of the reform is the progress in the digitization of the processes of employing foreigners. Thanks to the obligation to submit applications electronically and new information obligations, the state has gained a more complete ability to monitor employment.
— It is definitely more difficult today “false employment”, fictitious statements or the use of procedural loopholes – says Artur Gregorczyk, head of the Legal Department of EWL Group and president of Legalito. — This greater transparency works to the benefit of the market itself – it improves the quality and legality of employment, strengthening the sense of security of foreigners.
However, the expert points out that not all mechanisms included in the act have been actually implemented. The difficulty is lack of consistent interpretation of regulationswhich in practice leads to divergent decisions in various voivodeship offices.
As a result, digitalization increases state control, but does not translate into faster resolution of matters.
Greater employee protection and more bureaucracy for companies
The new regulations have clearly strengthened the protection of mobile workers. The obligation to conclude a contract in writing, translate it into a language understandable to the employee and provide information about the right to join a trade union increases awareness of rights and reduces the risk of abuse.
— This is a step towards a more fair and responsible employment modelwhich in the long run improves the image of Poland as an attractive and safe job market for people from abroad – says Artur Gregorczyk. However, he states that there is still room for deeper digitization of the entire process.
The other side of the coin is the growing burden on entrepreneurs. Companies are facing more administrative responsibilities. — The need to report the start and end of work, store additional documents and translations, and constantly monitor whether the employee still has a legal work permit burden mainly the SME sector. That's it small and medium-sized companies most often employ foreigners in production, trade, logistics and services – adds the expert.
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Year 2026. Further changes in the regulations on the employment of foreigners
The year 2026 may become the period of greatest uncertainty since the pandemic. The combination of new regulations, increasingly stringent legalization procedures and the lack of a decision on the continued validity of temporary protection for Ukrainian citizens creates a mixture that may actually disrupt the functioning of enterprises.
To this day, there is no clear decision on whether the special act will be extended or how European law would be applied if it expired suddenly.
The waiting time for decisions in voivodeship offices is still counted in months, and sometimes exceeds a year. — It's hard to imagine that the labor market could remain indifferent foreigners constitute approximately seven percent. working – warns Gregorczyk.
The expert also reminds that notifications about entrusting workintroduced in 2022, were one of the most effective crisis solutions. They enabled employers to quickly and legally employ Ukrainian citizens without bureaucratic barriers and without risk to production continuity. — Notifications “saved” many plants, especially in sectors with high turnover or seasonality.
Read also: Poland is the best in employing immigrants. The Germans are amazed
New verification procedures and issues with MOS 2
The new year also brings new procedures resulting from the Act on the Admissibility of Foreigners to the Labor Market. Offices must not only consider the application, but also verify the entity entrusting the work — its financial situation, data in ZUS and US, stability of operations and reliability of HR activities. In practice, this means an increasing risk of refusals, often for reasons the employer was unaware of.
The second barrier is MOS 2, a new version of the electronic residence legalization system. Artur Gregorczyk explains that the system was intended to facilitate procedures, but for many foreigners it became an obstacle. — People with lower digital competences have problems using the system. Proxies who previously provided support will have limited ability to act from January 2026. In practice, new login and identity verification requirements and a number of technical blocks deprive people of the opportunity to seek help.
Everyone is waiting for the final decisions of the government. Companies need stability and clear rules, and employees need certainty that their status will not expire overnight. The coming months will show whether the Polish labor market will gain this stability or will plunge into legal and administrative chaos, which will make it difficult for companies to maintain employment continuity.
