From 1 June 2025, the rules governing the operation of employment agencies have changed in a way that, for new employment agencies is of great importance. It is often claimed in public discourse that „a newly established employment agency cannot employ foreign nationals for two years”. In the article below, we explain why this statement cannot be fully accepted – and a two-year grace period For employment agencies, this does not cover all foreign nationals.
Article 305(3) of the Act on the Labour Market and Employment Services does not impose a general ban on the employment of foreign nationals. The restriction introduced by the legislator relates to job placement and temporary work for those foreign nationals who are required to a work permit or a declaration of employment. In cases where we wish to employ foreign nationals with legal residence in Poland on the basis of the above documents, this is in fact only possible two years after being entered in the register of employment agencies and having actually provided employment agency or temporary work services during that period. However…
What does the two-year waiting period for employment agencies involve?
Merely being entered in the register of employment agencies does not mean that you can provide all services to all foreign nationals from day one.
If an agency wishes to provide employment agency services or temporary work for individuals who hold a work permit or a declaration authorising them to work, and who require such documents to legalise their right to work in Poland, it must, as a general rule, wait two years. This is not merely a matter of the time elapsed since the date of registration. During this period, the agency should actually provide services employment agency or temporary work agency. Once the conditions have been met, it will also be necessary to amend the entry accordingly in the register of employment agencies maintained by the provincial marshal with jurisdiction over the agency’s registered office or the place where it carries out its activities on a permanent basis.
The restrictions on recruitment are both subjective and objective in nature; in other words, what matters here is both the „age” of the agency and its track record, as well as the category of foreign nationals for whom the services are to be provided. It is also worth bearing in mind the employer’s ongoing verification obligations – we describe these in the article Ukrainian employee in 2026. - What must an employer check before signing a contract?
Does the two-year waiting period apply to all foreign nationals?
No, because Article 305(3) of the Act referred to earlier applies only to foreign nationals who are required to hold a work permit or a declaration. It does not, therefore, automatically cover every person who is not a Polish national. It does not apply, for example, to citizens of the European Union.
The situation of Ukrainian nationals, whose work may be lawfully entrusted on the basis of, should also be assessed differently notifications. A notification is neither a permit nor a declaration, but a separate legal instrument. The agency should therefore determine not only the person’s nationality, but above all their residence status and the basis for their access to the labour market. If we are talking about notification under Article 5a of the Act on the Conditions for the Employment of Foreign Nationals, this mechanism is not restricted solely to Ukrainian citizens. The provision refers generally to a foreign national enjoying temporary protection in Poland. A Polish employer who engages such a person is obliged to notify the Local Labour Office (PUP) within 7 days of the start of employment. This means that if a foreign national from a country other than Ukraine is in fact benefiting from temporary protection in Poland and their employment is regularised precisely through this notification procedure, then the argument concerning Article 305(3) applies by analogy: We do not have a licence or a declaration; we only have a separate notification procedure, so the two-year waiting period should not apply in this case.
This distinction is of immense practical significance. Two candidates who are nationals of a third country may, from the perspective of Article 305 of the Act, find themselves in entirely different legal situations.
Ukrainian nationals – an important exception to the grace period
From 5 March 2026, regulations will come into force maintaining a special mechanism for the employment of Ukrainian nationals. Persons enjoying temporary protection may work on the basis of a notification to the relevant district labour office, submitted by the Polish employer within 7 days of the start of employment. We discuss the changes to the status of this group in more detail in the article Ukrainian citizens in Poland after 5 March 2026. - What has changed, what remains and how to plan your future.
The legislator has also introduced a three-year transitional provision concerning Ukrainian citizens lawfully residing in Poland who are not covered by temporary protection. Whilst this provision remains in force, the notification mechanism applies to them as well, mutatis mutandis. The transitional provision is to remain in force until 4 March 2029.
In practice, this means that a significant group of Ukrainian citizens is not subject to the authorisation or declaration regime referred to in Article 305(3). If a specific person may lawfully be employed on the basis of a notification, the mere fact that they are a foreign national does not trigger the two-year waiting period.
However, this does not mean that it can automatically be assumed that there are no restrictions in the case of every Ukrainian citizen. First, it is necessary to determine their specific residence status and the legal basis for their employment.
The Ministry’s position, obtained at the request of the BKT Secretariat
In view of the practical concerns regarding the new regulations, we have written to the Ministry of Family, Labour and Social Policy for its position on the employment of foreign nationals by new employment agencies, for which the legislator has provided for the possibility of legalising employment on the basis of a so-called notification to the Labour Office.
The Ministry has confirmed that, once entered in the register, the agency may provide services to foreign nationals not specified in Article 305(3), including citizens of the European Union and – under the provisions currently in force – Ukrainian nationals subject to the notification mechanism, without employment agencies being required to meet the two-year waiting period condition.
Of particular importance to agencies operating across borders, the Ministry has pointed out that this also applies to services involving the placement of workers with foreign employers abroad.
The Ministry’s position therefore confirms that it is not the employee’s nationality itself that is key, but the legal basis for their access to the labour market.
The mere passage of two years is not enough – the agency must actually be operational
The second significant issue concerns how the two-year period is calculated. The Ministry has made it clear that an agency which, after two years, wishes to commence operations on behalf of foreign nationals covered by Article 305(3), must not only have been entered in the register for two years, but must also have actually provided employment agency or temporary work services during that time. A „dormant” company that obtains registration solely to wait out the required period may therefore fail to meet the statutory conditions.
What sanctions could the agency face for breaching the two-year grace period?
A breach of the two-year waiting period is not merely a procedural irregularity. An agency which, before fulfilling the condition set out in section 305(3) of the Act, provides temporary work or employment agency services to foreign nationals requiring a work permit or a declaration, risks a fine of between 3,000 zł and 100,000 zł. The legal basis in this case is Article 362(2) of the Labour Market and Employment Services Act.
A breach may also have far more serious administrative consequences. The provincial marshal may issue a decision – which is subject to immediate enforcement – prohibiting the carrying out of the activities covered by the registration, and once this decision becomes final, the agency is removed from the register of employment agencies. Re-registration may only take place three years after the decision was issued.
It is therefore in the agency’s interest to keep up-to-date records confirming that it is actually carrying out its business activities: contracts, records and documents relating to the management of staff. After two years, care must also be taken to ensure that the entry in the register is correct.
The waiting period and the posting of foreign nationals abroad
A two-year waiting period for new employment agencies is a real constraint, but does not constitute a general ban on cooperation with foreign nationals. This applies to employment agencies and temporary work for foreign nationals who require a work permit or a declaration.
The situation is different for Ukrainian nationals covered by the notification mechanism. According to the Ministry’s position, the new agency may provide services to such individuals without having to wait two years.
However, each case requires an individual assessment of the employee’s residence status, the grounds for access to the labour market and – when posting an employee abroad – the regulations of the host country. For agencies carrying out contracts in Germany, the changes described in the article are particularly important A breakthrough in the posting of foreigners to Germany. Will the CJEU challenge the Vander Elst visa procedure?. In the case of PL–DE contracts, it is not worth analysing Polish and German obligations separately. It is precisely their interaction that most often determines whether the chosen model is safe.
Are you running a new recruitment agency? Test your business model before launching it
Times have changed, and so have the regulations – yet you’re still employing foreign nationals „the old-fashioned way”?
If you run an employment agency and are planning to work with foreign nationals or to carry out contracts in Germany or another EU country, We will analyse your collaboration model before it is implemented and we will compile a comprehensive guide, broken down into specific legalisation procedures: biometrics, visas, residence permits, notifications, declarations or work permits.
We verify the status of employees, the scope of the agency’s registration, contracts with employees and foreign contractors, and the obligations arising under Polish and EU law.
Contact BKT Law Firm and request an analysis of your agency’s business model.
