The unplanned changes in the law resulting from the outbreak of war in Ukraine have raised many questions. You have been asking me not only about the legal situation in Poland of people fleeing the war, but also about their possibilities to work outside the country. Due to the need to sort out some information, I am writing this article. I will refer in particular to what a proper Posting of workers abroad in 2025, incidentally focusing on the situation of Ukrainian citizens.
From this blog post you will learn:
- Which entrepreneurs can post their employees abroad?
- Can Ukrainian nationals fleeing the war be posted to work outside Poland, e.g. to Germany?
I cordially invite you to read on.
Introduction to the posting of workers abroad
Polish entrepreneurs employing workers may temporarily direct them to work in the territory of another European Union or European Economic Area (EEA) country as part of the company's services abroad. In legal language, this is called posting in the framework of the provision of services. They can be used in principle in several situations, including when the entrepreneur:
- has entered into a service contract with another entity operating in the territory of another country (e.g. a German entrepreneur),
- has a branch in the territory of another EU/EEA country,
- is a temporary work agency and refers temporary workers to a user employer located in another EU/EEA country.
Posting of employees, e.g. to Germany involves a number of obligations and formalities on the part of the employer. Compliance with the so-called timeliness requirement, the obtaining of a Vander Elst visa by the posted employee or the fulfilment of the registration obligation are just some of them. You can read more about this in a whole series of articles that I dedicated to the topic of posting workers to Germany using the example of the caring profession. You can find the first entry in this series here: Posting of carers from third countries to Germany.
Posting of workers from Ukraine by Polish employers abroad in 2025
Ukrainian nationals who entered Poland legally after 24 February 2022 and declare their intention to reside permanently in Poland automatically obtain entitlements under the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of Ukraine (hereinafter: specustawa).
In terms of employment, it enables such individuals:
- taking up legal employment with Polish employers - provided that the employer submits a notification of the taking up of employment by a Ukrainian citizen within 14 days, to the district labour office,
- the right to be registered at the district labour offices and to be recognised as unemployed or seeking work,
- the right to undertake economic activity on the territory of Poland on the same terms as Polish citizens.
Posting of workers from Ukraine abroad in 2025 and the regulations of the special law
In addition to granting entitlements, the Specustawa also imposes a number of requirements on Ukrainians that guarantee their retention. One of them, which is of key importance on the subject of posting for work, is not to leave the territory of Poland for more than one month.
For in accordance with Article 11(2) of the special law, the departure of a Ukrainian citizen from the territory of the Republic of Poland for a period exceeding 1 month will lead to deprivation of the right to legal residence under the special law. It should be noted that at this moment it is difficult to predict what the authorities' approach to this requirement will be. This is because the interpretation of this provision has not yet taken shape.
Example
The foreigner entered Poland on 24.02.2022 and fulfilled all the requirements of the Act, and was therefore covered by the specustaw. In such a case, if he/she is delegated by his/her Polish employer to work in Germany for a period exceeding one month, this will result in the loss of the entitlement to legal residence in the territory of the Republic of Poland, but only on the basis of the specustawa. On the other hand, other ways to obtain legal residence are still open.
Following this line of thought, it should be considered that Ukrainian nationals fleeing the war - who do not have any other title for legal residence in Poland other than on the basis of the special law - should not be posted to work outside Poland.
Read also: Delegation to work in building services.
Posting workers abroad in 2025. Summary
With regard to the posting of workers abroad - not only in 2025 - the same principle invariably applies. A foreigner who can be posted should reside legally in Poland and be legally employed. Another very important piece of information from the perspective of employers and employees is that the posting period can last up to a maximum of 12 months. It is possible to extend this period by another 6 months. On the other hand, the interval between the trips of the same employee should, after working for 12 months, be 2 months.
What if a Ukrainian citizen ultimately wants to find a job in, for example, Germany? At the moment, the German border remains open. You will certainly find verified information on this topic on the websites of the German embassies.
