What Is the Penalty for Employing a Foreigner Illegally?

What Does Illegal Employment of Foreigners Mean?

Before answering the question of what penalty awaits an employer and employee for illegal employment of a foreigner, it’s important to understand when it constitutes a crime.

Illegal employment of foreigners occurs when:

• The employer does not obtain the proper work permit for the foreigner;
• The foreigner does not have the documents that allow them to legally stay and work in Poland (it’s important to note that tourist visas do not permit foreigners to work in Poland);
• The documents mentioned above have expired;
• The employer hires the foreigner under terms different from those specified in the work permit.

These rules apply to workers from outside the European Union, the European Economic Area, or Switzerland. A foreigner holding a Pole's Card is also exempt from requiring a work permit.

What Is the Penalty for Illegal Employment of a Foreigner?

Penalties for illegally employing foreigners depend on the type of violation.

• Assigning illegal work to a foreigner: a fine from 1,000 PLN to 30,000 PLN.
• Misleading a foreigner, exploiting their mistake or employment dependence to lead them into illegal employment: a fine from 3,000 PLN to 30,000 PLN.
• Demanding financial gain for assistance in obtaining a work permit: a fine from 3,000 PLN to 30,000 PLN.
• Misleading or exploiting a mistake to assign illegal work: a fine from 3,000 PLN to 30,000 PLN.
• Failing to report the foreigner’s failure to start or stop working within the specified period after obtaining the work permit: a fine not lower than 100 PLN.
• Assigning work to a foreigner referred by a non-employment agency: a fine not lower than 3,000 PLN.
• Failure of a temporary employment agency or employer to meet the obligations related to the seasonal work permit: a fine from 200 PLN to 2,000 PLN.
• Providing false information about the employment of a foreigner based on a declaration or failing to meet obligations related to the declaration: a fine.
• Failure to meet obligations related to a written contract in a language understandable to the foreigner: a fine from 200 PLN to 2,000 PLN.

It should be noted that an illegally employed foreigner is also subject to a fine and may not be granted a temporary residence and work permit in the future.

Punishment of the employer for certain violations may entirely or temporarily block their ability to obtain a work permit for a foreigner in the future.

How to Legally Employ a Foreigner?

To legally employ a foreigner, you must ensure that there are no unemployed individuals or job seekers with the necessary qualifications and the ability to take the job in the local labor market. To do this, a statement from the district governor (starosta) for the foreigner is required. How can you obtain this? Simply post a job advertisement at the local Labour Office. If no one responds to the ad, within 14 days you can receive an opinion from the district governor confirming that the staffing needs cannot be met. However, if it turns out that there are Polish candidates willing to work, you will not be able to employ the foreigner for the position.

Before hiring a foreigner, make sure they are legally residing in Poland (evidence of this can include temporary or permanent residence permits). Remember, the future employee cannot cross the border with only an invitation for a foreigner. To legally start work, you must assess their legal situation and check if you need to apply for a work permit. If so, the process requires submitting an application to the appropriate regional office, which will issue the permit if all formal requirements are met.

Summary

What penalties apply for the illegal employment of a foreigner? The fines for such practices can reach up to 30,000 PLN, depending on the type of violation. It’s important to note that the responsibility extends not only to assigning illegal work but also to manipulation, exploiting mistakes, dependence, or demanding financial gain in exchange for assistance in obtaining permits. For example, the fine for assigning work to a foreigner without the proper permit ranges from 1,000 PLN to 30,000 PLN. Manipulating or exploiting a foreigner’s mistake can result in penalties from 3,000 PLN to 30,000 PLN. Even simply demanding financial gain for helping obtain permits is severely penalized.

How can you be sure that the employment of a foreigner is legal? We can assist you with that. Comprehensive support for foreigners is our specialty. We will advise you on what type of work permit to apply for, how to extend the work and residence permit in Poland, and assist with submitting applications and gathering necessary documents. In the event of a negative decision, we can help you write an appeal. Feel free to take advantage of our services.