The Sejm (lower house of parliament) passed an amendment to the Act on the Conditions for the Admissibility of Entrusting Work to Foreigners in the Territory of the Republic of Poland, introducing significant changes to the provisions regarding sanctions for employers who violate labor law. These changes primarily involve increasing penalties for offenses related to employee rights, with the aim of redressing the differences in treatment between Polish and foreign workers.
Previous regulations regarding penalties for violating labor law were less severe for Polish employees than for foreigners. The amendment changes this, eliminating the previous disparity in penalties, which was the subject of criticism from business representatives. These changes introduce more stringent provisions regarding financial penalties for employers who violate labor law, both in the context of employing Polish citizens and foreigners.
The amendments introduced to Articles 281-283 of the Labor Code provide for the following fines:
- for concluding a civil law contract instead of an employment contract, violating the provisions on working time, parental rights, employing minors, failing to pay remuneration for work on time, failing to grant holiday leave and failing to issue an employment certificate, the penalty was increased from PLN 1,000 to PLN 30,000 to PLN 3,000 to PLN 50,000 .
- for paying remuneration higher than that resulting from the employment contract, the penalty was increased from PLN 1,500 to PLN 45,000 to PLN 4,000 to PLN 55,000 .
- for non-payment of remuneration for a period of at least three months, the penalty was increased from PLN 3,000 to PLN 30,000 to PLN 5,000 to PLN 60,000 .
Additionally, the amendment introduces a completely new provision which stipulates that the person responsible for occupational health and safety, as well as persons managing employees who do not comply with occupational health and safety regulations, may be fined from PLN 3,000 to PLN 500,000 .
These changes have sparked significant opposition from entrepreneurs, who argue that the introduction of such severe penalties and the manner in which they were adopted constitute a violation of lawmaking standards.
The amendment to the act is currently waiting for the president's signature, where it will be announced and enter into force in the future – imposing new obligations on entrepreneurs.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 13, 2025
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