What are the penalties for working illegally in Poland?

Poland, like many countries in the European Union, has strict labor laws governing the employment of foreign nationals. Whether you're a non-EU citizen or an EU national, working in Poland without the proper permits or legal status can have serious consequences. This blog post outlines the potential penalties for working illegally in Poland—for both employees and employers—and offers guidance on how to avoid legal trouble.

What Is Considered Illegal Work in Poland?

Illegal work in Poland generally refers to employment that violates the provisions of the Polish Labour Code and immigration laws. Common violations include:

• Working without a valid work permit (for non-EU nationals)
• Working without a proper visa or residence permit
• Engaging in undeclared work (also known as “working off the books”)
• Exceeding the scope or duration of an issued permit
• Employment without a formal written contract when one is required

Penalties for Employees

Foreign nationals found working illegally in Poland may face the following consequences:

1. Fines

Illegal workers can be fined up to 5,000 PLN (approx. €1,100) for violating labor and immigration laws.

2. Deportation

Authorities may issue an administrative decision on deportation (obligation to leave Poland). This often comes with a ban on re-entry into the Schengen Area for up to 5 years, depending on the severity of the offense.

3. Detention

In some cases, especially if the individual has entered Poland illegally or is considered a flight risk, they may be detained in a guarded center for foreigners until deportation can be arranged.

4. Loss of Legalization Options

Working illegally can jeopardize future applications for:

• Residence permits
• Work permits
• EU Blue Cards
• Long-term resident status

Authorities may view illegal work as a violation of trust and grounds for refusal of future permits.

Penalties for Employers

Polish employers who hire foreign workers illegally can face severe penalties, including:

1. Fines

Fines can range from 1,000 PLN to 30,000 PLN (approx. €230 to €6,900), depending on the number of illegal workers and whether the offense is repeated.

2. Criminal Charges

If an employer exploits illegal workers, especially in cases of human trafficking or forced labor, they may face criminal charges and imprisonment of up to 3 years.

3. Loss of Business Licenses

Repeat violations can lead to the revocation of business licenses or permits, particularly for companies operating in sensitive sectors like security, transport, or construction.

4. Reimbursement of Costs

Employers found guilty may be required to cover the cost of deportation, unpaid wages, taxes, and social contributions that would have been due if the worker were employed legally.

How to Work Legally in Poland

To avoid penalties, foreign nationals must ensure they:

• Have a valid visa or residence permit that allows them to work
• Obtain the appropriate work permit (e.g., Type A, B, C) or declaration of employment, depending on nationality and type of work
• Sign a formal employment or civil contract
• Register with the Social Insurance Institution (ZUS) if required

Employers must verify the legal status of their workers before employment begins and keep records for inspection by the Polish Labour Inspectorate (PIP) and Border Guard (Straż Graniczna).

Final Thoughts

Poland has become an attractive destination for foreign workers, but the government continues to tighten controls to combat illegal employment. Both workers and employers must be aware of the legal requirements and take all necessary steps to comply. Working illegally in Poland not only risks financial penalties but can also derail future opportunities to live and work in the EU.

If you're unsure about your legal status or need help obtaining a work or residence permit, it's always best to consult a qualified immigration lawyer or legal advisor.