Deregulation of Foreign National Employment in Poland – Our Proposals for Change

At Gremi Personal, we have been handling the employment of foreign nationals for many years, and we understand perfectly well how complex and time-consuming the procedures for legally hiring workers from abroad can be. The Polish economy — and the labour market in particular — is changing at a very rapid pace. Growing demand for workers, especially in sectors such as manufacturing, transport and services, is forcing us to seek new solutions that will streamline recruitment processes. That is why the topic of deregulation in the area of employing foreign nationals is extremely important to us.

Deregulation is the process of reducing or simplifying legal regulations in order to increase the efficiency and flexibility of market operations. In our case, this primarily concerns improving the processes related to the employment of foreign nationals, which are still burdened with numerous formalities and delays. We strive to make the Polish labour market more competitive and open to foreigners who are willing to work in our country.

Why is deregulation important?

Deregulation of the rules on hiring foreign nationals can significantly impact the development of entrepreneurship in Poland. On the one hand, it allows businesses to respond more quickly to changing labour market needs; on the other, it facilitates access to legal employment for foreigners. As a result, employers will not have to wait weeks for permits and verifications, and foreign workers will be able to start working in Poland more quickly.

Reducing bureaucracy also helps to lower administrative costs, which in the long run contributes to business growth — especially in sectors that make intensive use of foreign labour, such as transport and manufacturing.

Our proposals for change

Both as an employer and as a company that faces the challenges of hiring foreign nationals every day, Gremi Personal has several proposals that we believe will improve the entire process, enhance the quality of employment, and have a positive impact on the competitiveness of the Polish labour market.

1. The option to conclude contracts with foreign nationals in electronic form

   Current regulations require contracts to be concluded in written form, which frequently causes delays. At Gremi Personal, we encounter situations in which the need to obtain a signature on paper prolongs the hiring process — especially for foreign nationals who must fulfil additional formalities. Enabling electronic signing of contracts, particularly for those holding a residence card, will allow contracts to be concluded more quickly and easily, ultimately increasing the availability of legal employment in Poland.

2. Liberalisation of the rules on hiring foreign nationals by companies other than temporary work agencies

   Under current regulations, outsourcing companies have a limited ability to employ foreign nationals on behalf of other entities, which significantly hampers flexible human resources management. The existing rules favour temporary work agencies, which in many cases is not justified. At Gremi Personal, we advocate that companies should be allowed to hire foreign nationals under a B2B agreement where this does not meet the criteria for temporary work. This will make it easier for businesses to recruit qualified workers without unnecessary red tape.

3. Simplification of procedures related to the promotion of foreign employees

   Polish law currently requires a new work permit to be obtained when a foreign national is promoted to a higher position in the same field. This bureaucratic requirement blocks the professional development of many workers and creates unnecessary delays. We propose simplifying this process so that a promotion to a position of a similar nature (e.g., from junior accountant to senior accountant) does not require a new work permit.

4. Abolition of the labour market test

   The labour market test, although abolished in certain cases, still poses an obstacle in the process of obtaining temporary residence permits. Leaving the decision on whether to require it to the discretion of district administrators (starostas) leads to inconsistent application of the rules across different counties. We therefore advocate the complete abolition of this requirement, which will simplify procedures and allow foreign nationals to start work more quickly.

5. Greater flexibility in minimum working-hours requirements

   Poland currently has a minimum working-hours requirement that limits flexibility in employment — particularly in the case of civil-law contracts. We expect that in the future, businesses will have greater freedom in defining the terms of employment, allowing them to adapt working hours to the nature of the work and the needs of the market.

6. Reduced employer liability for foreign nationals who fail to report for work

   When a foreign national fails to report for work after arriving in Poland, the employer is held responsible for the absence of an employment relationship. Such provisions are disproportionate, since the employer has no control over the foreign national's decisions. We propose amending the regulations so that employers can avoid liability in such situations.

7. Abolition of the requirement to employ foreign nationals under an employment contract in temporary work

   The draft act provides that foreign nationals engaged in temporary work must be employed under an employment contract. In our view, this requirement limits flexibility in employment, increases costs for employers, and does not reflect the actual needs of the labour market. We propose abolishing this requirement to allow greater freedom in choosing the form of employment.

8. Enabling employers to cooperate with the Border Guard to verify the legality of foreign nationals' stay

   Current regulations place on employers the responsibility of independently verifying the legality of a foreign national's stay — a very complicated process that in many cases requires legal advice. We propose allowing employers to submit queries to the Border Guard, which will enable them to obtain information about a foreign national's residence status more quickly and prevent illegal employment.

9. Digitalisation of proceedings related to the work and residence of foreign nationals

   An electronic form of handling all matters related to foreign nationals should be introduced, which will significantly speed up administrative processes. Public authorities must be properly trained in order to handle such applications effectively and efficiently.

10. Removal of the 2-year employment agency registration requirement for conducting labour intermediation and temporary work activities involving foreign nationals

    The draft Employment Market Act contains a provision requiring employment agencies to have been in operation for at least 2 years before engaging with foreign nationals. In our view, this restriction makes it harder for foreign nationals to access legal employment and limits the development of the sector. We call for this provision to be removed.

At Gremi Personal, we actively participate in the debate on deregulation, proposing solutions aimed at simplifying the process of employing foreign nationals in Poland. Our goal is to improve access to legal employment, increase the competitiveness of the labour market, and support both employers and employees. We believe that the proposed changes will contribute to Poland's continued development as a destination that is conducive to the employment of foreign nationals and economic growth.