New Employer Obligations Toward Foreign Nationals – How to Comply Correctly

As of 1 June 2025, new regulations governing the employment of foreign nationals in Poland have entered into force. Employers must remember two key information obligations that must be fulfilled before entrusting work to any foreign national.

Translation of the Employment Contract

An employment contract concluded with a foreign national must be translated into a language understood by the employee. A generic template is not sufficient — the translation must cover the entire, individually completed contract, including all terms and conditions of employment. The employer must provide the foreign national with the written content of the contract before it is signed.

Obligation to Inform the Foreign National About the Right to Join Trade Unions

Every foreign national must receive written information about their right to join trade unions, in accordance with Article 5(4) of the Act of 20 March 2025. This information must also be prepared in a language understood by the foreign national, similarly to the translation of the employment contract.

Important Points

These information obligations apply to foreign nationals employed after 1 June 2025. It is important to remember that if an employment contract is extended after this date, the obligations must also be fulfilled. Both obligations apply to every instance of entrusting work to a foreign national and must be completed before the commencement of work under the new basis.

What’s Next? New Draft Act on E‑Contracts and Online Employment of Foreign Nationals

The Ministry of Family, Labour and Social Policy is working on an Act on E‑Contracts. The system is intended to enable the conclusion of contracts with foreign nationals who hold a trusted profile (profil zaufany) or a qualified electronic signature with a PNO number. E‑contracts concluded within the system will be equivalent to written form, and it will additionally be possible to submit them to the authority issuing the foreign national’s work permit.

At this stage, it remains unclear whether the platform will allow employers to simultaneously fulfil the obligation to provide a contract translation and the obligation to inform the foreign national about the right to join trade unions. The legislative process is being monitored.

Summary

Employers should already begin adjusting their internal procedures to ensure proper compliance with the new obligations arising from the Act on Entrusting Work to Foreign Nationals. It is essential to remember that these obligations — both providing a translation of the employment contract and informing the foreign national about the right to join trade unions — must be fulfilled before work is entrusted, meaning before the foreign national begins performing their duties.

Particular attention should be paid to contract extensions — although they may appear to be a continuation of existing employment, under the new regulations they are treated as a new instance of entrusting work, which means the statutory obligations must be fulfilled again.