Working Illegally in Poland: Criminal Penalties

Working illegally in Poland means performing or entrusting work in breach of Polish rules on legal stay, work authorisation, contract documentation, tax settlement or social security obligations. In cases involving foreign nationals, illegal employment most often concerns work without a required work permit, seasonal work permit, notification or registered declaration, or work performed outside the conditions stated in those documents [1].

The legal consequences depend on the facts. Some violations are classified as petty offences punishable by fines. Others may create criminal liability, especially where forged documents, organised facilitation of illegal stay, exploitation, tax fraud or social security fraud are involved. For employers, the issue is not only a fine. It may also mean loss of public contracts, immigration proceedings against employees, reputational damage and disruption of business operations.

Illegal employment in Poland – what is usually examined

Polish authorities usually analyse four areas when assessing illegal employment or black market labor:

• whether the foreigner had a legal basis to stay in Poland;
• whether the foreigner had the right to work for the specific employer, in the specific position and under the declared conditions;
• whether the contract, salary and working time were documented correctly;
• whether taxes and social security contributions were reported and paid [4], [6].

For foreign workers, work permit violations can arise even when a permit exists. A breach may occur if the employee works for another entity, performs a different role, works before the authorised date, receives remuneration below the declared level, or continues working after the authorisation expires.

When working illegally in Poland leads to fines

Under the Polish rules on entrusting work to foreigners, an employer that illegally entrusts work to a foreigner may face a fine. The foreigner may also be fined for performing work without the required authorisation [1]. For conduct before 1 June 2025, the former Act on promotion of employment and labour market institutions may still be relevant, depending on the date of the act and transitional provisions [7].

These proceedings are often handled as petty offence cases. However, the practical effect may be serious. A company may be inspected by the National Labour Inspectorate, Border Guard, tax authorities or social security authorities. Evidence usually includes contracts, payroll records, work schedules, invoices, e-mail correspondence, access cards, CCTV, internal messenger data and statements from managers or employees.

Criminal penalties linked to illegal work

Mere illegal work is not always a crime under Polish law. Criminal liability appears when the conduct includes additional elements covered by the Criminal Code, Fiscal Penal Code or specific statutes.

Examples include:

• forged documents – preparing, altering or using false documents may fall under Article 270 of the Polish Criminal Code [3];
• false certification – obtaining an official confirmation by misleading an authority, or using such a document, may be assessed under Articles 272 and 273 of the Polish Criminal Code [3];
• facilitation of illegal stay for gain – helping another person stay in Poland contrary to the law in order to obtain financial or personal benefit may fall under Article 264a of the Polish Criminal Code [3];
• tax irregularities – hiding salary payments, issuing unreliable invoices or submitting false declarations may create liability under the Fiscal Penal Code, depending on the facts [4];
• employment of persons staying illegally – the Act on the consequences of entrusting work to foreigners staying contrary to the law provides additional consequences for employers in such situations [5].

In practice, the boundary between an administrative error and a criminal case depends on intent, scale, documentation, financial benefit and the role of management. A single HR mistake is assessed differently from a structured model based on undeclared cash payments or fictitious subcontracting.

Three key exceptions to the work permit requirement

Not every foreign national needs a work permit. The full catalogue of exemptions depends on the current statute, implementing regulations and the person’s residence status. Three important exceptions are:

• permanent residence permit in Poland;
• residence permit for EU long-term resident granted in Poland;
• refugee status granted in Poland.

This list is not exhaustive. Other categories may also have access to the Polish labour market without a work permit, for example due to EU free movement rules, specific residence titles or family status. Each case requires verification of the exact document and its validity [1], [2].

Employer risk in black market labor cases

For companies, illegal employment is rarely limited to one legal problem. A labour inspection may trigger immigration, tax, social security and criminal checks. The risk is higher where the business uses labour agencies, subcontractors, temporary staff, cross-border postings or informal recruitment intermediaries.

Management should pay particular attention to evidence showing who made the decision to hire, who checked documents, who approved payroll and whether the company had compliance procedures. In criminal proceedings, the difference between negligence, acceptance of risk and intentional conduct may be decisive.

Kopeć & Zaborowski (KKZ) advises in criminal, business and compliance matters linked to illegal employment, work permit violations and fraud risks. In cases involving suspected document fraud or organised schemes, related support may include internal investigations and forensic audits, including in matters connected with frauds.

Consequences for foreign workers

A foreign national working illegally may face a fine, proceedings concerning legal stay, an obligation to leave Poland or an entry ban, depending on the facts [2]. Where the person used false documents or knowingly participated in a scheme, criminal liability may also be considered.

Not every violation automatically means deportation. Authorities should assess the individual situation, including the legal basis of stay, family situation, length of residence, previous compliance and the type of breach. More information on immigration-related criminal risks is available in materials concerning immigration violations in Poland and deportation consequences of criminal convictions.

How companies can reduce liability

Practical prevention should focus on process, not only on documents collected once at onboarding. A reliable compliance model should include:

• verification of residence and work documents before the start date;
• monitoring of expiry dates and changes in job conditions;
• clear responsibility between HR, payroll and business managers;
• contractual controls over labour agencies and subcontractors;
• procedures for internal reporting of irregularities;
• periodic audits of high-risk employment models.

If an irregularity is detected, the response should be documented. The company should secure evidence, stop the unlawful practice, assess notification obligations and avoid informal explanations that may later be interpreted as concealment. This is informational material, not legal advice.

In criminal matters, including sensitive allegations concerning illegal employment, document fraud or facilitation of unlawful stay, early legal assessment helps separate facts, evidence and procedural risk. To consult a case, obtain an assessment of the situation or discuss possible steps with a criminal lawyer, contact may be made through the law firm’s contact page.

FAQ – Working Illegally in Poland: Criminal Penalties

Is working illegally in Poland a crime?

Not always. Many cases are petty offences punishable by fines. Criminal liability may arise if the case involves forged documents, false statements, facilitation of illegal stay for gain, tax fraud or other conduct covered by criminal statutes.

Can an employer be punished for illegal employment of a foreigner?

Yes. An employer may be fined for illegally entrusting work to a foreigner. Additional consequences may apply if the foreigner was staying in Poland unlawfully or if the employer used false documents, sham contracts or undeclared cash payments.

Can a foreign worker be fined for work permit violations?

Yes. A foreigner may be fined for performing work without the required authorisation or outside the terms of the authorisation. Immigration consequences may also follow, depending on the factual situation.

Does a valid visa always allow work in Poland?

No. Legal stay and the right to work are separate issues. A visa or residence title may allow presence in Poland, but work may still require a work permit, seasonal work permit, notification or another legal basis.

What are common signs of black market labor?

Common indicators include no written contract, cash salary outside payroll, fictitious invoices, work performed under another employer’s permit, false job titles, missing social security registration and repeated use of informal labour intermediaries.

What should a company do after discovering illegal employment?

The company should secure documents, stop the unlawful practice, identify affected employees, assess tax and social security exposure, and review whether immigration or criminal law risks exist. The next steps depend on the evidence and the scale of irregularities.

Bibliography

1. Act of 20 March 2025 on the conditions of admissibility of entrusting work to foreigners on the territory of the Republic of Poland.
2. Act of 12 December 2013 on Foreigners.
3. Act of 6 June 1997 – Polish Criminal Code.
4. Act of 10 September 1999 – Fiscal Penal Code.
5. Act of 15 June 2012 on the consequences of entrusting work to foreigners staying contrary to the law on the territory of the Republic of Poland.
6. Act of 13 October 1998 on the social insurance system.
7. Act of 20 April 2004 on promotion of employment and labour market institutions, relevant in particular for earlier factual situations and transitional assessment.