Four years ago, Poland introduced the so-called Ukrainian special law (specustawa) — an exceptional legal regime for Ukrainian citizens who crossed the border after February 24, 2022. Thanks to this law abolishing many barriers to legal stay and employment in Poland, the labor market was quickly supplemented by a large number of workers from the East. Now, however, these provisions are being phased out, and the government plans to replace them with new regulations that will affect both workers and their employers and recruitment agencies. Does this mean the end of hiring Ukrainians in the Polish labor market?
Ukrainian Special Law — Brief Historical Context
The special law introduced in March 2022 was a response to the dramatic situation in Ukraine. Under this law:
- Ukrainian citizens who crossed the border after February 24, 2022 received automatic rights to legal stay and work in Poland.
- Work was legal upon notification to the relevant labor office, without the need for a work permit.
- They had access to public services and benefits, including education and healthcare.
For nearly four years, these solutions enabled swift entry to the labor market and real employment of hundreds of thousands of people — without the need for residence legalization applications or work permits.
Phasing Out the Special Law — What Is Changing?
At the beginning of 2026, the government adopted a bill to phase out the provisions of the special Ukrainian law, which is scheduled to come into force on March 5, 2026. In practice, this means that the special rules governing the stay and employment of Ukrainian citizens will gradually disappear, to be replaced by uniform rules for all foreigners staying in Poland.
It is important to emphasize that the special law has already been formally extended until March 4, 2026, and no further extensions are planned — the President stated this will be the last such change, as Poland intends to transition to standard migration regulations for all foreign nationals.
What Does This Mean for Workers from Ukraine?
1. Legal Stay and “UKR” Status
Ukrainians holding temporary protection or UKR status (e.g., PESEL with the UKR designation) will be able to legally stay in Poland under current rules until March 4, 2026. After that, this status will no longer apply automatically. Those remaining in Poland will need to:
- obtain a separate residence title (e.g., visa or temporary residence permit), and
- submit applications to extend or change their status if they wish to continue staying legally.
2. Access to the Labor Market
After the special law expires, there will no longer be automatic work rights based solely on PESEL UKR registration, as was previously the case. Hiring Ukrainians under the new system will require standard procedures, including appropriate residence documents and, in many cases, a declaration or work permit, just like for other foreigners.
The draft of the new law envisages eliminating the provision allowing work without a permit and replacing it with rules analogous to those that apply to other foreigners — meaning work based on declarations/permits only for individuals with a valid residence title.
3. Social Benefits and Conditions
The range of social benefits (e.g., family allowances such as “300+” and “800+”), previously broadly available, will be dependent on meeting standard conditions such as:
- employment or economic activity,
- school attendance of children, and
- possession of an appropriate residence title.
What Does This Mean for Employers and Recruitment Agencies?
For employers, the end of the special law means the end of automatic work rights for Ukrainian citizens without permits. This implies the need to verify candidates’ residence status and, when hiring individuals not covered by temporary protection, to obtain a declaration or work permit if they don’t have another work entitlement.
Employment procedures will become more formalized and time-consuming, with organizational consequences. From March onwards, HR departments will need to monitor the validity of residence titles and work permits. Planning recruitment ahead of time will become necessary, as processing times for applications will likely increase, and the risk of administrative refusals due to incorrect documentation or unmet requirements will grow.
Key Changes — Summary
Below are the most significant differences between the current legal framework and the new rules after the special law expiration:
- Right to Stay: Automatic legal stay under UKR status will be replaced by the requirement to hold an individual residence title (visa/permit).
- Right to Work: No more automatic work rights; work declarations or permits will be required under standard rules.
- Social Benefits: Previously widely available benefits will now be granted under regular conditions tied to employment and residence status.
- HR Formalities: Simple notifications of employment will be replaced by more formalized procedures.
- Employer Responsibilities: Full verification of status and compliance documentation will be required.
- Administrative Risk: Increased risk of refusal and delays due to full procedural requirements.
What HR Departments Need to Do
The phasing out of the special law should not come as a surprise to HR professionals. It is essential to ensure that all obligations related to the March 5, 2026 transition are fulfilled. Below is a checklist to help ensure compliance for both current and future employees from Ukraine.
Version I — Current Ukrainian Employees (employed under the special law before March 5, 2026)
- Status Audit (ASAP)
- List all employees with Ukrainian citizenship.
- Identify who holds a PESEL UKR, who works solely under the special law, and who already has an independent residence permit/visa.
- Mark high-risk individuals with no alternative residence title.
- Legalization of Stay (CRUCIAL)
- Determine the appropriate permit path (temporary residence and work permit, temporary residence without work but with a declaration/permit, etc.).
- Prepare documentation and submit applications well in advance.
- Work Legalization (if Required)
- Confirm whether a worker will be employed based on a residence permit allowing work or if a declaration/work permit is needed; prepare and submit accordingly.
- Contracts and Documentation
- Ensure that current contracts align with future permit conditions; prepare any necessary amendments and translations.
- Communication With Employees
- Inform workers about the law’s expiration, required steps, and documentation; appoint a contact person within HR and monitor application deadlines.
Version II — New Ukrainian Employees (hired after March 5, 2026)
- Candidate Verification Before Recruitment
- Check the candidate’s location, residence title, and work rights; determine if a declaration or permit will be required.
- Job and Conditions Preparation
- Draft realistic job descriptions with competitive remuneration compliant with local market standards.
- Work Legalization
- Select and submit the appropriate declaration or permit electronically; prepare for possible official requests.
- Residence Legalization
- For candidates abroad, coordinate visa documentation and travel timing; for those in Poland, confirm whether the current residence title allows work.
- Hiring and Job Start
- Sign contracts compliant with decisions, provide understandable language versions, and complete standard obligations (e.g., social insurance, occupational safety, work time records).
Major Risks — What to Watch Out For
- Late submission of residence applications.
- Inconsistencies between contracts and application data.
- Working after March 5, 2026 without a valid basis.
- Ignoring local occupational restrictions.
- Failure to monitor document deadlines.
Conclusion
The phasing out of the Ukrainian special law marks a critical moment for the Polish labor market. While the special law provided a relatively simple path to legal employment for Ukrainian citizens for years, from March 5, 2026 onwards Poland will return to standard migration rules that require greater formalization and planning. For Ukrainian workers, this means securing their own residence titles and legally documenting their employment. For employers and agencies, it means stricter requirements, thorough status verification, and greater formal responsibilities. However, early preparation and professional support can help ensure a smooth transition to the new legal framework.
