Fine for Illegally Employing a Foreign Worker — What Penalties Face the Employer?

Inspections by the National Labour Inspectorate and Border Guard at workplaces employing foreigners are regular and increasingly frequent. Ignorance of the law is no excuse — and fines can be severe.

What is illegal employment of a foreigner?

• The foreigner does not have a valid residence permit or their visa does not authorize work
• Work is performed without the required work permit or employer declaration
• The worker performs work under conditions other than those specified in the permit
• The declaration has been registered but the worker has not been registered with ZUS

What penalties face the employer?

Fine — up to PLN 50,000

An employer who entrusted a foreigner with illegal work is subject to a fine of up to PLN 50,000. The fine is imposed for each identified case — for 5 illegal workers that is up to PLN 250,000.

Criminal liability

In the case of repeated or serious violation of the regulations, the case may be referred to the public prosecutor's office.

Exclusion from public procurement

A conviction for illegal employment may result in exclusion from public tenders for a specified period.

Withdrawal of permits and subsidies

In extreme cases, authorities may withdraw a company's industry licences or public fund subsidies.

Who controls employers?

• National Labour Inspectorate (PIP) — regular inspections of working conditions and employment legality
• Border Guard — inspections at companies near borders and in high-risk industries
• Tax Office — verification of employees' tax settlements
• ZUS — verification of social insurance registrations

How to Protect Yourself — Employer Checklist

• Before hiring: check the validity of residence documents and ensure they authorize work.
• Legalize work BEFORE the first day of work.
• Register the worker with ZUS no later than on the day work starts.
• Notify the PUP of the commencement of work within 7 days (for declarations).
• Keep copies of documents in employee records throughout employment.
• Set alerts for document validity deadlines — start renewal 2–3 months in advance.
• When changing position or conditions — update the permit or declaration.