Is the employer fined if the worker gave false information?

Responsibility for entrusting work lies with the employer, who must verify the documents. Circumstances (for example a forgery that was hard to detect) can affect how a case is assessed, but don’t count on them solving the problem automatically. Keep copies of the documents and proof you checked them.

My employee is waiting for a Karta Pobytu decision. Can they keep working?

It depends on when and which application was filed and whether the existing basis to work is still valid. Don’t assume a stamp in the passport always suffices. Check that the application was filed on time and that your role fits its scope. If in doubt, ask before the employee goes to their shift.

Is the fine per company or per employee?

According to PIP, the fine is linked to the number of foreigners given work contrary to the law and cannot be lower than PLN 3,000 for each. The upper limit is PLN 50,000. The final amount is set by the court or authority in each case.

Can I let a foreigner work on trial before the papers arrive?

Not if the basis to work doesn’t exist yet. A “trial day” is still performing work. Start only once the declaration or permit takes legal effect or the foreigner has another legal basis to work.

Employer Fines for Illegal Hiring in Poland 2026

Monday, 7:40 a.m. A labour inspector walks into your warehouse and asks for staff documents. Three of the workers are non-EU citizens who started two weeks ago. “They have residence cards, the rest of the paperwork is coming,” says the shift manager. Here is the catch: a right to stay is not the same as a legal basis to work for you, in that role, on those terms. Below we explain the employer penalties for illegal employment of foreigners in Poland in 2026, what triggers them and how to avoid them.

How much is the fine for illegally employing a foreigner?

The Act of 20 March 2025 on the conditions for entrusting work to foreigners has applied since 1 June 2025. According to the National Labour Inspectorate (PIP), the new rules raised sanctions: anyone who entrusts work to a foreigner contrary to the law faces a fine of up to PLN 50,000.

Fine for illegally entrusting work: PLN 3,000 to PLN 50,000.
The fine is tied to the number of foreigners and cannot be lower than PLN 3,000 per person. Three illegally employed workers means at least PLN 9,000.
For certain more serious violations the law sets a higher floor (according to PIP, from PLN 6,000 per foreigner). Check the exact list in the act on isap.sejm.gov.pl or ask a lawyer.
The foreigner who works illegally also faces consequences: a fine of at least PLN 1,000. That can hurt later residence cases too.

These numbers feel abstract until you multiply them by the size of your team. With a crew of a dozen, the fine is only the first line of the bill.

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When does employing a foreigner count as illegal?

The most common employer mistake is “he has legal stay, so we’re fine.” Right to stay and right to work are two different things. Work is typically illegal when:

the foreigner starts before the employer files the declaration on entrusting work, or before a work permit is issued where one is required;
the person works in a different role, at different hours or for lower pay than the document allowing the work describes;
the person works for another entity than the one named in the permit or declaration (typical when staff are moved between group companies or through agencies);
the residence card or visa has expired and the worker has neither a valid document nor an application filed on time;
there is no written contract and work starts “on trial” without any notifications.

Since June 2025, declarations on entrusting work are filed only electronically through praca.gov.pl. The employer also reports that work has started within 7 days of its start, and if the foreigner does not start, reports that within 14 days from the date stated in the declaration (see praca.gov.pl). We describe the post-signing duties in detail in Hiring a Foreigner in Poland 2026: PLN 200–400 Fee and 5 Employer Duties After Signing.

A foreign employee’s documents at inspection — residence and right to work are two separate questions

What else can happen to an employer besides a fine?

The fine under the act on conditions for entrusting work is not the only cost. The separate act on the consequences of entrusting work to foreigners staying in Poland unlawfully adds more, when the worker has no legal stay:

the obligation to pay outstanding wages and cover the costs of the foreigner’s return to their country;
liability for contributions and taxes on that work, as with regular employment;
in extreme cases, criminal liability. The act provides for a fine or restriction of liberty, for example for entrusting work to several foreigners without a valid residence document at once, or to a minor foreigner;
trouble with future applications — violations can make it harder to obtain permits or have declarations accepted later.

That last point is what surprises companies most. One inspection can block the hiring round you need for your next contract.

Marek runs a cleaning company in Łódź. He hired four workers from Asia on civil-law contracts because “the formalities will start next month.” Meanwhile one of them changed address and two began working at a client site that was not in the paperwork. After the inspection Marek understood that the problem was not the people but the order: work first, papers later. This example is illustrative and generalised, not a real client.

Talking through team legalisation before the first employee takes their post

Practical tip: before day one, check three things together — a valid residence document, the legal basis to work for you (permit or declaration), and that role, hours and pay match that document. Keep copies and note the date you checked.

How to hire a foreigner legally and avoid penalties: a checklist

Below is a simplified sequence. The exact route depends on nationality, type of stay and role, so treat it as a map, not a ready-made instruction.

Establish the worker’s basis of stay: visa, residence card, temporary residence and work permit, EU status or other. Look at a copy of the document; don’t rely on a verbal claim.
Establish the basis to work: a work permit, a declaration on entrusting work, or a statutory exemption. It is the employer’s job not to start too early.
File documents electronically via praca.gov.pl and wait until they take legal effect before the foreigner starts.
Sign a contract that matches the document: role, working time and pay must not be worse than declared.
Report the start of work within 7 days (or non-start within 14 days of the date in the declaration).
Track expiry dates of residence documents and renewal filings so work never falls outside a legal period.

If your employee’s card is up for renewal, read what the employer must do for a Karta Pobytu and how online filing works in MOS Online Residence Application Poland 2026. Current rules on foreigners’ stay and work are also on gov.pl/web/cudzoziemcy.

Document expiry dates in one sheet — the cheapest risk control there is

How Legal Solutions helps companies hiring foreigners

We legalize foreign employees for companies: we check the basis of stay and work, prepare documents, watch deadlines and handle cases at the voivodeship office. We are not a law firm of advocates or legal advisers and do not represent companies in court — we prepare and carry procedures through. See our offer for employers at legalsol.pl/b2b.

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