The draft Act on foreigners' access to the labour market, which will come into effect on 1 January 2025, brings significant changes to the employment of foreigners in Poland. 

Among the most notable of these is the requirement that the issuance of a work permit for a foreigner, or the registration of a declaration for entrusting work to a foreigner, will be contingent on employing the migrant via an employment contract. The change means that migrants cannot be employed under more flexible but less protective civil law contracts (such as contracts for specific work).

The draft law states: 'The introduction of mandatory employment contracts for foreigners working in Poland will improve their pay and working conditions and will serve as an incentive to work in Poland. An employment contract provides the employee with greater protection of job stability and a broader range of social entitlements related to work compared to individuals performing work or providing services under civil law contracts'. 

The draft law also provides for full electronic processing from the point of submission of a work permit application to receipt of the decision, elimination of the so-called 'labour market test' (or checking whether there are unemployed Polish individuals willing and able to take the job), and increased fines for the illegal employment of foreigners. Local authorities will gain the right to create a list of professions and types of work for which work permits cannot be issued if the situation in the local labour market deteriorates.

This new act will be the first legal act in Poland entirely dedicated to the employment of foreigners. Currently, regulations on this issue are part of the 2004 Act on the promotion of employment and labour market institutions.