Hiring foreign nationals in 2026 requires employers to adopt a completely new approach. Following the entry into force of the Act of March 20, 2025, on the conditions for authorizing the employment of foreign nationals in the territory of the Republic of Poland, companies must take into account the revised rules for work authorization, new reporting obligations, and significantly greater digitization of procedures. Additionally, starting in 2026, the practice of hiring Ukrainian citizens has changed, forcing a reassessment of HR and compliance processes.
The changes are not limited to new forms or deadlines. They also cover the method of documenting employment, reporting information to authorities, and the rules for legally assigning work to various categories of foreign nationals. For employers, this means the need for more thorough verification of the grounds for employment and full compliance of documentation with current regulations.
Table of Contents
- What Did the New Foreign Employment Regulations Change?
- Hiring Foreign Nationals – The Old and New Model
- Employer Checklist – Hiring Foreign Nationals in 2026
- Notification, Declaration, or Work Permit?
- Digitisation of Procedures – What Must an Employer Report?
- Employment of Ukrainian Nationals in 2026 – What Is Different?
- Most Common Employer Mistakes
- Hiring Foreign Nationals in 2026 – Summary
- FAQ: Hiring Foreign Nationals in 2026
What Did the New Foreign Employment Regulations Change?
From 1 June 2025, a new model for entrusting work to foreign nationals applies. The changes were introduced by the Act of 20 March 2025 on the Conditions for Permitting Work to Foreign Nationals in the Territory of the Republic of Poland. This Act sets the key rules for legally hiring non-Polish workers. The new regulations aimed to reduce violations and speed up procedures. Another vital point was shifting the process to electronic systems. The legislature also placed greater emphasis on employer information obligations. The change also enables more effective verification of employment legality by the authorities.
The most significant changes relate to the further digitisation of procedures. New information obligations also appear. Employer documentation requirements are expanded. Moreover, rules for reporting specific circumstances and verification of employment legality were also modified. Important changes also affect Ukrainian nationals. The Focus is on the distinction between standard legalisation of a foreign national’s employment and the special rules applying to selected groups.
These changes are relevant not only to companies employing large numbers of foreign nationals. They also affect businesses that employ even a single worker from outside Poland.
Hiring Foreign Nationals – The Old and New Model
| Area | Before the Changes | Current Status |
| Submission of Documents | Some procedures were on paper or in a mixed model | Stronger digitisation of proceedings and communication |
| District governor’s information/ Labour Market Test | Often, additional labour market verification required | New regulations limit the significance of this mechanism |
| Employment Documentation | Employers focused mainly on the work permit, declaration, or notification | Complete documentation is more important. Including consistency between the contract and the legal basis for employment |
| Copy of Contract with the Foreign National | The obligation was not operationally emphasised to the same degree | Before work begins, a copy of the contract must be submitted to the competent authority if required by the applicable legalisation pathway. |
| Notification of Employment of a Foreign National | Used in specific cases | Requires monitoring deadlines and the correct legal basis |
| Ukrainian Nationals | Broad special arrangements under the special act | Following the 2026 amendments, stricter verification of temporary protection status and employment basis is necessary. |
Employer Checklist – Hiring Foreign Nationals in 2026
Before hiring a foreign national, the employer should evaluate legality of the process.
The employer should first verify the foreign national’s residence status. This includes the basis of stay and the period of legal residence in Poland. The employer should also verify the legal basis for work, the employee’s citizenship, and whether a work permit or declaration is required. The obligation to submit a notification should also be checked. The position, salary, and type of work must comply with the legalisation documents. The employer should also verify reporting deadlines and the method of documenting employment. Rules on storing documentation should be reviewed as well. A copy of the contract may also need to be submitted to the competent authority.
Legalisation of residence and legalisation of employment are two separate matters. A common mistake is to assume that lawful residence automatically entails the right to work.
Notification, Declaration, or Work Permit?
The correct pathway depends on nationality and residence status. It also depends on the type of employment.
| Instrument | When Applied | What the Employer Must Do |
| Work Permit | When the foreign national cannot work under a simplified pathway | Obtain a decision before commencement of work. Ensure the employment conditions comply with the permit. |
| Declaration on Entrusting Work | In cases provided for specific nationalities and types of work | File the declaration and monitor the permissible work period. Provide the required information. |
| Notification of Employment of a Foreign National | In specific, simplified cases, e.g. some Ukrainian nationals | Submit the notification within the deadline and retain proof of submission. |
| No Additional Procedure | When the foreigner has autonomous access to the labour market | Verify the residence document and the basis for exemption from the permit requirement. |
Selecting the wrong legal basis may result in the employment being classified as unlawful. A notification, declaration, and work permit must not be treated as interchangeable. Each pathway has a different scope of application. Each involves different obligations for the employer.
Digitisation of Procedures – What Must an Employer Report?
One key change is the expansion of electronic procedures for employing foreign nationals. Employers should expect more actions to be carried out electronically, including:
- filing certain applications;
- submitting documents;
- filing notifications;
- updating data;
- communicating with authorities;
- providing employment-related information.
This requires streamlining internal processes. Consider designating staff responsible for reporting. In organisations employing many foreign nationals, internal HR procedures are increasingly necessary. They help reduce the risk of missed deadlines and formal errors. It is advisable to use compliance checklists. These improve control over obligations. A responsible person should be appointed. This person should monitor deadlines and manage document archiving. They should liaise with the authorities. They should also ensure working conditions match the permit, declaration, or notification.
Employment of Ukrainian Nationals in 2026 – What Is Different?
One of the questioned areas is the employment of Ukrainian nationals in 2026. After the 2026 amendments, employers must be more careful when assessing the basis for legal employment.
Many simplified schemes still apply. However, some rules have changed. From 5 March 2026, these rules should not be analysed only under the previous special act. Some mechanisms are now linked to the temporary protection system. Key factors include temporary protection status and the PESEL UKR number. Another aspect is employment notification obligations.
The employer should always verify the Ukrainian national’s residence status. They should also verify the legal basis for work. The notification obligation must be checked. Always confirm the document’s validity.
If employment is based on a notification, it should be submitted electronically. Via the praca.gov.pl portal. It should be generally filed within 7 days from the start of work.
It cannot be assumed that all Ukrainian nationals are subject to the same rules. Relevant factors include the date of arrival in Poland. They also include the basis of residence and protection status. PESEL UKR status is also important. The applicable legal regime must be assessed for each individual case.
Most Common Employer Mistakes
Following the 2025 and 2026 amendments, the risk of procedural errors has increased.
| Mistake | Risk |
| Treating lawful residence as equivalent to lawful employment | Illegal employment |
| Failure to submit the notification on time | Employer liability |
| Failure to submit a copy of the contract to the competent authority | Breach of documentation obligations |
| Incorrect legal basis for employment | Breach of regulations |
| Failure to monitor the validity of residence documents | Work performed after the legalisation period |
| Applying a single model to all foreign nationals | Incorrect legalisation |
| Failing to account for the 2026 changes affecting Ukrainian nationals | Incorrect status assessment |
Even minor formal errors may result in financial penalties. They may cause problems during employment legality inspections. This is especially the case when the employer does not monitor changes in residence status. It also applies when employee documentation is not updated.
Hiring Foreign Nationals in 2026 – Summary
Hiring foreign nationals in 2026 requires greater caution than before.
New regulations have increased formal requirements. They have also expanded reporting duties. More procedures are now electronic. Special attention is required for rules concerning Ukrainian nationals.
For employers, it is not only the act of hiring that matters. Proper documentation of the entire process is also essential. This includes verifying residence and selecting the correct work authorisation path. It also includes submitting notifications on time and storing documents properly.
Are you planning to hire a foreign national and are unsure what obligations apply to your business?
Contact us! We will help you verify employment legality. We can also develop HR and compliance procedures for you. This reduces the risks associated with the new foreign employment regulations.
FAQ: Hiring Foreign Nationals in 2026
1. Does lawful residence mean the right to work lawfully?
No. Legal residence and legal work are separate issues. A foreign national may stay legally in Poland, but still not be allowed to work. Usually, additional conditions must be met.
2. Does every foreign national require a work permit?
No. In some cases, employment is possible based on a declaration or a notification. Everything depends on nationality, residence status, and the type of employment.
3. Do special rules still apply to Ukrainian nationals?
Yes. Special rules still apply to some Ukrainian nationals. However, after the 2026 changes, simplified assumptions cannot be made in all cases. Employers must verify temporary protection status, PESEL UKR, residence basis, and notification obligations.
4. Have the new regulations introduced electronic obligations?
Yes. An increasing number of procedures are carried out electronically. This includes submitting applications, notifications, documents, and communication with authorities.
5. What are the consequences of unlawfully employing a foreign national?
Consequences may include financial liability. They may also include issues during inspections. Other sanctions provided by law may also apply.