Exemption from a work permit does not mean full access to the labour market
What “exemption from the obligation to hold a work permit” actually means under Polish law
In Polish law, the concept of “exemption from the obligation to hold a work permit” does not constitute an independent right to work. It is merely an exception to the general rule requiring a work permit.
Basic legal provision:
Article 87(1-3) of the Act of 20 April 2004
on Employment Promotion and Labour Market Institutions
This provision contains a closed list of categories of foreigners who may perform work in Poland without a work permit.
These include, in particular:
- holders of permanent residence,
- EU long-term residents,
- holders of the Polish Card (Karta Polaka),
- beneficiaries of international protection,
- students and graduates under specific statutory conditions,
- persons under temporary protection,
- other categories explicitly indicated in statutory or executive acts.
Legally relevant point:
Article 87 does not grant “access to the labour market”.
It answers only one question: is a separate work permit required or not?
Secondary legislation: exemption ≠ unrestricted access
Additional cases of work without a permit are regulated in:
the Regulation of the Minister of Family and Social Policy
on cases in which entrusting work to a foreigner
is permitted without a work permit
This regulation does not introduce the concept of “free access to the labour market”.
It merely specifies:
- in which situations,
- for which persons,
- and under what conditions
a work permit is not required.
This means that even where an exemption applies:
- a valid residence title is still required,
- limitations resulting from the purpose of stay remain in force,
- additional obligations may apply (notifications, declarations, decision-based conditions).
What “free access to the labour market” means in legal terms
The term “free access to the labour market” does not originate from Article 87.
It is used mainly in:
- administrative practice,
- official explanations by authorities,
- annotations in residence decisions and residence cards.
Its legal meaning results from a combination of legal provisions, not from a single article.
The legal basis for such status derives, inter alia, from:
- the Act on Foreigners (rights of permanent residents and EU long-term residents),
- the Act on Employment Promotion (absence of work permit requirement),
- the new Act on the conditions for the admissibility of employing foreigners,
which aligns certain categories of foreigners with Polish citizens in terms of labour market access.
Free access to the labour market means:
- no work legalisation instruments (work permit / employer’s declaration),
- freedom to change employers without administrative procedures,
- no legal linkage between employment and the residence decision.
Only specific categories of foreigners enjoy such status – not all persons exempt under Article 87.
Why these concepts are not equivalent (systemic analysis)
From a systemic legal perspective:
- Article 87 of the Employment Promotion Act
→ regulates an instrument (whether a work permit is required). - Access to the labour market
→ results from the residence status and its legal consequences.
Therefore:
- everyone with free access to the labour market is exempt from a work permit,
- but not everyone exempt from a work permit has free access to the labour market.
In many cases, work performed without a permit:
- remains linked to a specific residence ground,
- is assessed in residence proceedings
(granting or extension of residence under the Act on Foreigners).
Common mistake: literal reading of Article 87
The most frequent error made by foreigners is focusing solely on the phrase:
“may perform work without a work permit”
while ignoring:
- the requirement of legal residence,
- conditions imposed by the residence decision,
- limitations resulting from the declared purpose of stay.
In migration proceedings, authorities do not assess only the absence of a work permit requirement,
but the compliance of employment with the entire legal structure of stay.
Why “absence of prohibition” does not create a right
Polish migration law is based on a permit-based model.
The key formula is:
legal work = legal stay + right to work
This results from:
- the Act on Foreigners (right of residence),
- the Act on Employment Promotion (right to work).
The absence of an explicit prohibition:
- does not create the right to work,
- does not create the right to stay,
- does not limit the authority’s discretion in administrative assessment.
Conclusion
Exemption from the obligation to hold a work permit is only a statutory exception provided for in Article 87 of the Employment Promotion Act.
It:
- is not equivalent to free access to the labour market,
- does not guarantee unrestricted employment freedom,
- does not eliminate assessment of employment in residence procedures.
Access to the labour market is determined not by the absence of a permit,
but by the residence status and its legal consequences.
Ukrainian version of this article
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