Following the legal changes, the employment contract (umowa o pracę under the Polish Labour Code) has clearly strengthened its position as the primary and preferred form of employing foreign nationals. In many cases, especially where employment is based on a work permit or a single permit for temporary residence and work, it is de facto mandatory. Regulations increasingly link the legality of work not merely to the performance of specific tasks, but to the existence of an employment relationship within the meaning of the Polish Labour Code.
For employers, this means the need to precisely define the job position, working time, remuneration and place of work. These elements must be fully consistent with the information included in the documents legalising the foreign national’s employment. Any significant change, such as a promotion, change of location or reduction of working hours, may require an amendment to the permit or submission of a new application, as discussed below.
Mandate contracts (umowa zlecenia) and service contracts have not been completely eliminated, but their use in relation to foreign nationals has been significantly limited. In practice, they may be applied mainly to short-term, seasonal or project-based work, provided that this form corresponds to the actual nature of the duties performed.
It is crucial to avoid the fictitious use of civil law contracts. If the work demonstrates characteristics of subordination, continuity and performance at specific hours and in a place designated by the employer, the use of a mandate contract may be challenged by the National Labour Inspectorate (Państwowa Inspekcja Pracy) as well as by authorities responsible for legalising the employment of foreigners. This may result in financial penalties and difficulties in employing foreign nationals in the future.
One of the key obligations clarified by the new regulations is the requirement to conclude the contract in writing before the foreign national is allowed to start work. Additionally, the employer must provide the employee with the contract content in a language they understand.
In practice, this means that a translation of the contract must be prepared. It does not always have to be a certified translation, but it should be accurate, complete and fully consistent with the Polish version. Errors in translation, omission of key provisions regarding remuneration or working time may be considered a violation of employee rights, even if the Polish-language version is correct.
A practical organisational solution is to use bilingual contract templates, which reduces the risk of discrepancies and facilitates the onboarding process.
One of the most common administrative errors made by employers is the lack of consistency between the employment contract and the work permit or the employer’s declaration on entrusting work to a foreign national (a simplified procedure available to selected nationalities). This particularly concerns the job title, remuneration level and working time.
After the amendments, inspection authorities pay special attention to these elements. Even minor differences, such as a different job title resulting from the company’s internal structure, may be considered a breach of the conditions of legal employment. From an HR perspective, this requires close cooperation between the HR department, legal team and recruitment staff.
One of the most problematic areas in HR practice is distinguishing between situations where updating employment data is sufficient and those requiring submission of an entirely new application for work authorisation. Incorrect classification of a change may result in the work being considered illegal, even if the employer’s intention was only to introduce a minor adjustment.
The key issue is whether the change concerns elements explicitly indicated in the administrative decision or in the employer’s declaration. If a given parameter constituted the basis for issuing the permit, its modification generally cannot take place without the authority’s involvement.
A first example is an increase in remuneration while maintaining the same position, working time and scope of duties. If the decision or declaration specified a minimum salary and the change consists solely in increasing it, there is no need to submit a new application. In practice, however, personnel documentation must be updated and the employer should be prepared to demonstrate that the new conditions are more favourable and remain compliant with regulations.
A second example is a formal change concerning the employer, such as a change of company name following a corporate transformation, change of registered address or update of identification numbers, provided that this does not affect the actual working conditions. In such cases, notifying the competent authority is usually sufficient without repeating the entire legalisation procedure.
A classic example is a change of job position, even if it results from a promotion or internal reorganisation. If the permit or declaration specifies a particular position or type of work, changing it means that the previous administrative decision no longer reflects the actual employment conditions.
Another example is a change in working time, such as moving from full-time to part-time employment or vice versa. Working time is one of the key elements assessed by the authority issuing the permit and its modification generally requires submission of a new application and waiting for a new decision before implementing the change.
Not every modification in a foreign national’s employment generates obligations towards authorities. Examples include purely internal changes, such as renaming a team, department or project, provided that this does not affect the scope of duties, position or place of work.
Similarly, minor organisational changes to working schedules, such as adjusting start and end times within the same working time system, do not require an update or a new application, as long as they do not affect the working time specified in the permit or alter the nature of employment.
In practice, each planned change should be assessed against the content of the work authorisation documents. The more closely a modification relates to elements specified in the administrative decision, the higher the likelihood that it will require at least notification and often submission of a new application.
For the employer, this entails concrete organisational and time-related consequences. Until a new decision is obtained, the foreign national generally cannot perform work under the modified conditions. If changes are implemented too early, the company risks being accused of entrusting work in breach of permit conditions, which may result in financial penalties, inclusion in a register of entities violating regulations and difficulties with future applications.
An additional risk concerns the continuity of employment. In the case of certain types of permits or residence cards, a change of working conditions may require repeating the entire administrative procedure and waiting for a decision. From an HR perspective, it is therefore essential to plan changes in advance and take into account realistic processing times of the authorities.
In practice, a prudent approach is to treat any planned change in a foreign national’s employment conditions as a potential formal risk and verify whether the element appears in the permit or declaration. If it does, the change will almost always require at least notification and often a new application. Although more time-consuming, this approach significantly reduces administrative risk and helps avoid costly mistakes in the long term.
Experience shows that the greatest risks do not stem from bad faith on the part of employers, but from outdated knowledge and inconsistent procedures. It is advisable to regularly audit contract templates and procedures for employing foreign nationals, particularly in companies with high turnover of international staff.
More and more companies also choose to rely on specialised advisers or outsource work legalisation processes. This not only reduces formal risk but also streamlines recruitment and shortens onboarding time.
After the legal changes, the form of employment of a foreign national is no longer purely a business decision but has become a matter of strict compliance with administrative and migration regulations. The employment contract gains the status of the primary and safest form of employment, while civil law contracts require particular caution. For HR departments, precision, consistency of documentation and proper communication with the employee, including in a language they understand, are crucial. In an environment of intensified inspections and growing expectations of public institutions, a professional approach to the employment of foreign nationals has become one of the foundations of a company’s safe and stable operation.
