On December 1, a package of changes was introduced that—as announced—was intended to simplify and streamline the process of obtaining work permits for foreign nationals. In practice, employers are saying outright: there’s no sign of deregulation, but bureaucracy is on the rise.
The new regulations require companies to submit three additional statements, without which the authorities will not process an application for a work permit. And although one of them already existed, the two new requirements have caused quite a stir among business owners.
In this article, we analyze exactly what has changed and why the new declarations required for work permits could cause chaos in the recruitment process.
1. Three Mandatory Statements – What Must an Employer Submit?
The amendment requires companies to submit three key documents:
🚩 Statement of Compensation
The employer must confirm that the foreign national’s salary will not be lower than the salary of employees performing similar work.
Problem?
Experts warn that no one has specified whether the comparison should apply to:
- employees at the same company,
- people in the local market,
- or, more broadly, employees at the national level.
The vagueness of the provision means that every company can interpret the requirement differently, which opens the door to disputes with government agencies.
🚩 Statement on the Company's Financial Stability
This is a new requirement. The company must confirm that it has the funds to cover its obligations to the foreign national.
In theory, it sounds simple, but in practice, the question arises:
On what basis will the agency assess whether a company “has the means”?
The lack of measurable criteria leaves a great deal of room for interpretation.
🚩 Declaration that the foreign national has not been convicted by a final judgment
And it was precisely that statement that proved to be the most controversial.
The new regulation requires employers to declare that, “to the best of their knowledge,” the candidate has no criminal convictions. The problem is that:
❗ An employer has no right to ask an employee about a criminal record.
This applies in particular to state registries, which—as Dziennik Gazeta Prawna points out—“are maintained exclusively under the supervision of public authorities” and may not be made available to private entities, even with the foreign national’s consent.
This puts companies in a no-win situation.
2. Employers: We face a choice between a hiring freeze and the risk of certifying false information
The new regulations require employers to sign a document whose contents they are unable to verify.
In response, business owners began implementing a practical safeguard:
🔑 They attach their own statements to their applicationsstating that:
- they were unable to check the foreign national's criminal record,
- submit the required statement solely on the basis of their limited knowledge,
- are not liable for the lack of access to criminal records.
This is the only way to avoid being accused of making a false statement.
3. Impact on the market: more red tape, slower hiring
The changes were intended to speed up the process for granting permits.
In practice:
- Companies must prepare additional documentation,
- HR professionals spend more time on paperwork,
- the risk of errors that could halt the hiring process is increasing,
- Government agencies are receiving even more detailed applications, which may slow down their review.
There is no doubt: for the manufacturing, logistics, and service industries, which rely on the rapid recruitment of foreign workers, the new regulations could result in significant delays.
Is this a step in the right direction?
From the administration’s perspective—perhaps.
From the employers’ perspective— this is yet another example of how deregulation in theory often means more bureaucracy in practice.
The new requirements do not solve any of the real problems in the labor market; instead:
- increase time and labor costs,
- reduce the efficiency of the hiring process,
- They hold companies liable for data to which they have no right of access.
What does NJOB recommend?
In light of the changes that have been implemented, companies should:
✔ prepare a standard template for a supplementary statement (regarding the inability to verify a criminal record),
✔ update recruitment procedures,
✔ train HR teams on the new requirements,
✔ plan recruitment further in advance,
✔ monitor how government agencies interpret the rules, as they may vary from province to province.
NJOB continuously analyzes legislative changes and supports its partners in adapting their processes to meet new requirements.
The new declarations required for work permits, rather than simplifying the system, have introduced further risks and uncertainties. The biggest problem concerns the declaration regarding a foreign national’s criminal history, which, by its very design, requires companies to make a declaration… that is impossible to verify.
One thing is certain: to avoid mistakes and liability, employers must approach these changes thoughtfully and cautiously—and the support of an experienced partner in work legalization is more important today than ever.