Changing employers in Poland

Changing employers does not always involve the same process for every foreign national. In some cases, signing a new employment contract is enough. In other cases, additional formalities must be completed first, such as changing a temporary residence and work permit. If the applicable rules are not checked, this may cause problems with the legality of employment.

A foreign national can change employers without additional formalities if they have full access to the Polish labour market. Different rules apply when a temporary residence and work permit was issued in connection with employment by a specific employer. In this case, the residence permit decision may need to be changed before the person starts working for a new company.

Before signing a new contract, it is important to check what rights result from the person’s documents and whether the change must be reported to the relevant authority. This helps both the foreign national and the employer avoid legal problems.

In this article, we explain when a foreign national can change employers without additional formalities and when an appropriate administrative decision may be required.

 

The possibility of changing employers depends on:

• the type of residence document,
• the type of work permit,
• the foreign national’s citizenship,
• the employment conditions stated in the administrative decision,
• whether the person has a status that exempts them from the requirement to obtain a work permit.

 

Not every foreigner must complete additional procedures when changing jobs. A person who has full access to the Polish labour market can change employers without obtaining a new work permit or changing their residence permit decision.

This applies, among others, to people who hold:

• a permanent residence permit,
• an EU long-term resident permit,
• a temporary residence permit granted as the spouse of a Polish citizen,
• another type of residence status that provides full access to the labour market under the applicable law.

The full list of situations in which a foreigner may work without obtaining an additional permit is set out in the Act of 20 March 2025 on the Conditions for Permitting Foreign Nationals to Work in the Territory of the Republic of Poland.

Having a residence card does not automatically mean that a person has full access to the labour market. The legal basis on which the document was issued and the rights connected with it must always be checked.

 

This requirement most often applies to foreign nationals who hold a combined temporary residence and work permit.

This type of permit is issued in connection with employment by a specific employer and states the main conditions of employment, including:

• the employer,
• the position,
• the working hours,
• the salary,
• the type of contract.

If the foreign national plans to start working for a new employer, the administrative decision will need to be changed.

 

When a foreign national changes employers, several important deadlines under the Polish Act on Foreigners must be considered.

If the foreign national loses their employment, they have 15 working days to notify in writing the provincial governor (wojewoda) who granted their temporary residence and work permit. This obligation is also considered fulfilled if the foreign national submits an application to change the temporary residence and work permit within the same deadline.

The employer must also notify the relevant provincial governor that the foreign national’s employment has ended. The employer has 15 days from the date on which the employment ended to do this.

The Act also provides for a 30-day protection period starting from the date on which the employment ended. During this period, the temporary residence and work permit will not be withdrawn because of the loss of employment, provided that the foreign national notified the provincial governor as required. This also applies if the notification was not delivered for reasons beyond the foreign national’s control. This protection can be used only once during the validity period of a given permit.

Different rules apply to foreign nationals who hold a temporary residence and work permit issued under Article 114(1a) of the Act on Foreigners. This provision applies to people whose purpose of stay is to work in an occupation considered important to the Polish economy, as specified in implementing regulations. They must also have the required professional qualifications and meet the other statutory conditions.

In their case, a period without employment may last for up to three months and may occur no more than twice during the validity period of the permit. The foreign national must also prove that they notified the provincial governor about the loss of employment or that the notification was not delivered for reasons beyond their control. These rules provide greater flexibility to people working in occupations that are particularly important to the Polish economy.

 

Under Article 120 of the Act on Foreigners, a foreign national should apply to change their temporary residence and work permit if they plan to:

• start working for a different employer,
• work for a different user employer in the case of temporary agency work,
• work under conditions that differ from those stated in the original decision.

 

 

The amended decision will be issued for the remaining validity period of the original permit. It does not extend the period of legal residence.

 

An application to change a temporary residence and work permit must be submitted to the provincial governor responsible for the foreign national’s place of residence.

The application must be submitted using the required form. The form can be downloaded and completed through the websites of the relevant provincial authorities.

Documents confirming the new employment conditions must be attached to the application. These include Appendix No. 1 to the application, which must be completed by the new employer.

 

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If a combined temporary residence and work permit names a specific employer, changing jobs will usually require the administrative decision to be changed. However, this does not always mean that the foreign national must wait for the amended decision before starting work for the new employer.

If the foreign national obtains another document allowing them to work before starting the new job, such as a work permit or a declaration on entrusting work to a foreign national, they may legally begin working before the decision changing their temporary residence and work permit is issued.

This also applies to people who are exempt from the requirement to hold a work permit, such as graduates of Polish universities. They do not need an additional document allowing them to work and may therefore start working for the new employer before the procedure to change the decision has been completed.

However, even if the foreign national can legally start working for the new employer, they should still apply to change their temporary residence and work permit. The decision should reflect their current employment conditions.

 

Under Article 119 of the Act on Foreigners, a temporary residence and work permit does not need to be changed, and a new permit does not need to be issued if:

• the registered office, place of residence, name or legal form of the entity employing the foreign national or the user employer has changed,
• the workplace or part of it has been transferred to another employer,
• the working hours stated in the permit have been increased, and the salary has been increased proportionally,
• the name of the position has changed, but the foreign national’s duties remain the same,
• a civil-law contract has been replaced with an employment contract.

 

 

Before employing a foreign national, the employer should check both the validity of the person’s residence documents and the scope of their right to work.

In particular, the employer should check:

• what type of residence status the foreign national has,
• whether their residence status is connected with a specific employer,
• whether the temporary residence and work permit must be changed,
• whether notifying the relevant authority will be sufficient,
• whether the foreign national has full access to the Polish labour market.

This verification helps prevent the illegal employment of a foreign national and the possible consequences for both the employer and the employee.

 

 

The most common mistakes include:

• starting work without first checking what right to work the foreign national has,
• assuming that every residence card allows its holder to change employers freely,
• signing a contract and starting work before completing the required formalities.

 

The processing time depends on the provincial governor handling the case and on its complexity.

In practice, the procedure may take from several weeks to several months.

 

The possibility of changing employers depends mainly on the type of residence document held by the foreign national and the scope of their right to work in Poland.

People with full access to the labour market can change jobs without additional formalities. Foreign nationals who hold a combined temporary residence and work permit may first need to obtain an amended decision.

Both the employer and the foreign national should always verify their legal situation to avoid breaking the rules on legal employment.

At Infolet, we check residence documents, verify whether a foreign national can legally start working and advise on the appropriate procedure. We work with both companies and individual clients.

 

 

 

Legal review: Paulina Wiśniewska, Lead Immigration Specialist at Infolet. She has supported companies and foreigners with matters related to legal employment and residence in Poland for 11 years.
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Legal information valid as of 5 August 2026.