Access of Foreigners to the Polish Labour Market: Legal Framework and Practice in 2025
Access to the labour market is a key element of the legal status of foreigners in Poland. It determines the ability to perform work, obtain a residence permit, change an employer, or continue the legalisation of stay. In 2025, the rules governing access to employment are primarily set out in the Act of 20 March 2025 on the Admissibility of Employing Foreigners, the Act on Foreigners, and the relevant regulations of the Minister of Labour. Together, these acts form a coherent system in which access to the labour market is legally separate from the right of stay, yet directly determines the real possibility of working in Poland.
General Structure of the Labour Market Access System
The Polish system of access to employment is based on three core regimes: full access, conditional access, and limited access. Each regime determines whether a foreigner may work without additional documents, whether a work permit (zezwolenie na pracę) is required, or whether employment may be based on an employer’s declaration (oświadczenie o powierzeniu pracy).
The law defines the applicable access regime, while the employer bears responsibility for ensuring that work is entrusted to a foreigner exclusively on the basis of an appropriate legal title.
Full Access to the Labour Market
Full access applies to categories of foreigners who are not required to obtain either a work permit or an oświadczenie. These include, in particular:
- holders of the Polish Card (Karta Polaka);
- family members of Polish citizens and EU citizens;
- persons holding refugee status, subsidiary protection, humanitarian stay or tolerated stay;
- persons covered by temporary protection;
- full‑time students, graduates of Polish universities, and doctoral candidates;
- foreigners holding specific types of temporary residence permits, where the law explicitly exempts them from the work permit requirement.
In such cases, the employer verifies only the legality of the foreigner’s stay. The right to work arises directly from the law, without additional administrative procedures. This is the most stable and predictable access regime.
Conditional Access: Work Permits and Employer Declarations
Most foreigners work under the conditional access regime. This means that employment is permissible only after obtaining one of the following:
- a work permit (zezwolenie na pracę), or
- an employer’s declaration on entrusting work to a foreigner (oświadczenie o powierzeniu pracy), applicable to nationals of specific countries.
Holding a residence card does not replace any of these instruments unless the foreigner belongs to a category with full access. For employers, this means that employment without the required document will be deemed illegal, even if the foreigner’s stay in Poland is otherwise fully lawful.
Work Permit (Zezwolenie na pracę): Grounds, Assessment and Significance
A work permit is required where the foreigner does not enjoy full access and the employment cannot be based on an oświadczenie. It applies to most forms of employment, including employment contracts, managerial positions, and cross‑border delegation.
The application is submitted exclusively in electronic form by the employer. The voivode examines the application taking into account, in particular:
- the actual economic activity of the employer;
- market‑compliant remuneration;
- compliance of working conditions with labour law;
- absence of violations in the areas of taxation and social security (ZUS);
- credibility of the employment intention and its economic justification.
A work permit is always linked to a specific position, employer, and working conditions. Any change to these elements requires a new procedure.
Employer’s Declaration (Oświadczenie o powierzeniu pracy): Scope and Limits
The oświadczenie is a simplified access instrument registered by the starosta (district authority).
As of 1 December 2025, it is available exclusively to nationals of the following countries:
- Ukraine,
- Belarus,
- Moldova,
- Armenia.
Georgia has been removed from this list under the applicable regulation.
The law does not limit the types of work that may be performed on the basis of an oświadczenie. In practice, it is more commonly used for positions requiring medium or lower qualifications; however, this is not a legal restriction.
A foreigner may commence work on the basis of an oświadczenie only if they hold legal stay in Poland. The declaration itself does not constitute a document authorising entry or residence.
Role of the Starosta in the Labour Market Access System
Following the 2025 reform, the role of the starosta has been narrowed and is focused on simplified procedures. The starosta is responsible for:
- registration of oświadczenia;
- issuing seasonal work permits;
- preparation of the so‑called labour market information (informacja starosty), where required.
The labour market information mechanism is applied only in selected cases and serves as an auxiliary element in the voivode’s assessment, rather than as an independent labour market test. The primary verification is carried out by the voivode.
Special Categories Exempt from Work Permits
Regulations of the Minister of Labour list over 30 categories of foreigners who may work without a work permit and without an oświadczenie. These include, among others, foreign language teachers, researchers, journalists, participants in cultural and sporting events, technical specialists delegated for short periods, students and pupils undergoing practical training, and representatives of certain medical professions.
These exemptions are applied narrowly and only in clearly defined circumstances.
Practical Application in 2025
In practice, two instruments are used most frequently: work permits for stable employment and oświadczenia for nationals of the four eligible countries working under simplified procedures. The voivode conducts a comprehensive assessment of working conditions, the employer’s credibility, and the absence of fictitious arrangements. The starosta participates only in simplified and seasonal forms of employment.
The right to work in Poland is determined by the combination of two factors:
- the foreigner’s category and applicable access regime;
- the employer’s ability to ensure lawful, genuine, and economically justified working conditions.
Conclusion
The system governing access of foreigners to the Polish labour market in 2025 is complex but structurally coherent. The law clearly distinguishes between full, conditional, and limited access and defines the instruments applicable in each case. The role of the starosta is concentrated on simplified procedures, while the voivode performs the core assessment of employment legality. Practice demonstrates that successful employment depends on transparent conditions, the genuineness of the employer’s intention, and compliance with labour market requirements.
Ukrainian version of this article
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