In recent years, Poland has seen a significant increase in the number of foreign workers. In practice, their employment often leads to confusion between three distinct legal institutions: the work permit, the residence card, and the posting of workers. Although all of them concern the legality of residence and the performance of work, their functions, legal bases, and application are entirely different. Choosing the appropriate route not only ensures compliance with the required formalities but also makes it possible to avoid often long waiting times for an administrative decision.
What does a work permit grant to a foreign national?
A work permit is a document issued by the competent administrative authority (the voivode), which authorises a foreign national to perform work on the territory of Poland for a specific employer and under specified conditions. It should be emphasised that this document mainly concerns third-country nationals (non-EU/EEA citizens), that it is tied to a specific employer and position, that it is temporary in nature, and that, as a rule, its acquisition is the responsibility of the employer.
There are several types of work permits (for example, types A, B, C), depending on the employment model. In certain cases, simplified procedures may be used instead of a permit (for example, a declaration of entrusting work to a foreign national).
Currently, the waiting time for obtaining a work permit has somewhat increased. This is partly due to legislative changes. The Act of 20 March 2025 on the conditions for permitting the employment of foreigners on the territory of the Republic of Poland replaced, as of 1 June 2025, the Act of 20 April 2004 on the promotion of employment and labour market institutions.
Under this new law, a specific template of power of attorney granted to a representative is required, and documents signed by the prospective employer must also be signed electronically.
It should be noted that the application for a work permit for a foreign national is submitted by the employer, not by the foreign national themselves.
What does a residence card grant to a foreign national?
The residence card, on the other hand, is a document confirming the legality of a foreign national’s stay in Poland. It may, but does not necessarily, be linked to the right to work. The first residence card is issued for a fixed period (a so-called temporary residence permit), and only later can an application be submitted to obtain a permanent residence permit.
Due to the increased waiting times both for decisions on work permits and for residence permits, applications for what is known as a single permit are very often submitted.
This permit combines both the right of residence and the right to work. It specifies a particular employer as well as the terms and conditions of employment.
Not all residence permits grant access to the labour market – everything depends on their type (for example, a permit issued for study purposes does not always authorise full-time work). Moreover, in most cases, during the waiting period for a decision, the foreign national is not allowed to work.
It should be noted that the application for a residence card is submitted exclusively by the foreign national themselves.
What does the posting (secondment) of workers mean?
Posting is a completely different legal arrangement. It does not involve the “employment” of a foreign national in Poland in the classical sense, but rather the temporary assignment of a worker by a foreign employer to carry out work in Poland.
Two situations must be distinguished: the posting of workers to Poland from European Union countries, or from countries outside the EU. It is important to emphasise that the type of posted worker is irrelevant – thus, whether for so-called “white-collar” employees or manual workers, the same rules and requirements apply.
How to post a worker to Poland from a European Union country?
In the case of posting workers to Poland from European Union countries, there is no need to obtain either a residence permit or a work permit, and it should be emphasised that the employee remains employed by their foreign (original) employer.
The foreign employer is required to ensure that the worker is granted the minimum employment conditions in accordance with Polish law. Therefore, they must comply with the provisions of the Labour Code, in particular those relating to remuneration and working time.
For this type of posting, the provisions on the freedom to provide services between EU Member States apply.
Nevertheless, it should be noted that the foreign employer is subject to a number of obligations arising from the posting of a worker to Poland. In particular, they must submit a declaration to the National Labour Inspectorate (Państwowa Inspekcja Pracy), appoint a contact person on Polish territory, and obtain the A1 certificate from the Social Insurance Institution (Zakład Ubezpieczeń Społecznych) if the worker is to remain covered by the social security system of the country from which they are posted.
How to post a worker to Poland from a non-European Union country?
In the case where the posted worker is a third-country national (outside the European Union), the situation is slightly more complex. In principle, it is necessary to obtain a work permit (for example, type C or D). In addition, it is also essential to regularise the worker’s residence status.
In addition, in certain cases, it will be necessary to carry out what is known as the “labour market test” (which in practice consists of verifying whether a Polish worker would be able to fill the vacant positions on the territory of the country).
The employer must also submit a notification to the National Labour Inspectorate, comply with the provisions of the Labour Code, and register the worker for social security purposes (ZUS – Zakład Ubezpieczeń Społecznych) within the Polish system.
In the case of a prolonged stay, the worker is often also subject to taxation on the territory of Poland.
The most common mistake we observe among employers is treating the work permit, the residence card, and the posting of workers as interchangeable concepts.
As a result, employers become aware of the need to fulfil additional formalities too late, which leads to significant delays in the implementation of projects and business plans.
In practice, it is often necessary to combine these different instruments – for example, a non-EU national may need both a work permit and an appropriate residence permit.
That is why we most often recommend seeking assistance from specialised entities providing this type of support, both to employers and to employees.
