Poland introduces new work authorization requirements for Posted Workers

Poland's approach to work authorization for foreign nationals is changing significantly starting May 1, 2025. Companies posting workers, in particular third-country nationals, for business trips or assignments to Poland will face more burdensome administrative processes under these regulatory updates, with the need to obtain a Polish work visa or temporary residence permit for work purposes. While the change is yet fresh and more details will be added, let's explore what we know so far, based on insights from Polish Labour authorities.

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What are the new regulations for posted workers in Poland?

The new Polish Act of March 20, 2025, on foreign worker regulations introduces important distinctions between residence documents and visas issued by other Schengen countries:

• Residence document holders: Foreigners with residence documents issued by another Schengen country can continue working in Poland with appropriate work permits or declarations
• Visa holders: Foreigners staying in Poland on a visa issued by another Schengen country will no longer be permitted to work in Poland, even as posted workers from another EU Member State

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Key requirements for posted workers that are third-country nationals

For third-country nationals being posted to work in Poland, the following work entitlement documentation will be required as of May 1, 2025:

1. A Polish work visa specifically for employment purposes, OR
2. A Polish temporary residence permit for work purposes

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Recommended actions for employers posting workers to Poland

This regulatory change represents a significant shift from current practices applied by employers posting workers to Poland, either for business trips or assignments. Companies posting workers to Poland should take the following steps to ensure compliance with the new regulations as of May 1, 2025:

• Review your business traveler list for any employees working in Poland on Schengen visas
• Audit global mobility programs to identify how many employees and future assignments will be affected
• Initiate appropriate work authorization applications prior to the May 1 2025 implementation date to ensure employees who will be traveling after this date have the right work entitlement documentation
• Communicate these changes to relevant stakeholders, including the employees who travel, their managers, and HR team
• Update mobility policies to account for longer lead times for assignments and business trips to Poland
• Implement tracking systems for work entitlement documents to ensure ongoing compliance
• Consider budgetary implications for additional visa and permit processing

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How WorkFlex can help

As compliance experts specializing in global mobility, WorkFlex provides automated solutions to navigate these regulatory changes. Our platform:

• Identifies compliance risks powered by our Global Compliance Engine, including employees needing a visa to perform work activities in Poland or elsewhere in the world
• Generates necessary documentation for proper work authorization
• Offers visa guidance for employees who need the document to go on a business trip or an assignment
• Provides real-time tracking of employee location, compliance status, and document repository for your audit trail