Can a Foreigner Running a JDG Hire Other Foreign Nationals in Poland?

A foreign national running a sole proprietorship, known in Poland as a JDG, can hire employees. However, when hiring another foreign national, there is an important issue to consider: not every JDG owner is entitled to complete the procedures required for the employee to work legally.

This is why, even before signing a contract, you need to check not only the future employee’s documents but also the entrepreneur’s own status.

When Do Restrictions Apply?

The main restriction concerns JDG owners from countries outside the European Union, the European Economic Area and Switzerland.

If such an entrepreneur does not have a permanent place of residence in Poland, they generally cannot:

• obtain a work permit for the employee (zezwolenie na pracę);
• register a declaration of entrusting work to a foreign national (oświadczenie o powierzeniu wykonywania pracy cudzoziemcowi);
• submit a notification of entrusting work to a foreign national (powiadomienie o powierzeniu pracy cudzoziemcowi).

A business address registered in CEIDG or a temporary residence registration does not replace the entrepreneur’s permanent place of residence.

In practice, this means that such a JDG owner can hire a Polish citizen or a foreign national who already has the right to work without any additional procedure on the employer’s side. If one of the procedures listed above is required, completing the employment formalities will most likely not be possible.

Different rules apply to entrepreneurs from the EU, EEA and Switzerland, so their status should be assessed separately.

Who Can Be Hired Without a Work Permit?

Additional work authorisation is generally not required for citizens of Poland, the EU, the EEA and Switzerland.

Among citizens of other countries, the right to work without a permit may apply, for example, to:

• holders of a permanent residence permit in Poland;
• holders of an EU long-term resident permit issued in Poland;
• holders of a Polish Card (Karta Polaka);
• people with refugee status or subsidiary protection;
• graduates of Polish universities;
• certain full-time students.

This is not a complete list. In each case, you should check the exact basis on which the person is staying and working in Poland and whether their documents will remain valid on the date they start work.

When Does Student Status Allow Someone to Work Without a Permit?

There is an additional point to consider when hiring students. A student ID card alone does not prove that a person has the right to work without a permit.

Since 1 July 2026, the exemption applies if the person:

• studies in Poland on a full-time programme (studia stacjonarne);
• attends a public academic university or an educational institution included in the current list maintained by Poland’s Ministry of the Interior and Administration (MSWiA);
• can provide proof of current student status;
• is staying in Poland legally.

Before signing the contract, it is advisable to request a current certificate from the university confirming the form of study. Part-time, evening or other non-full-time studies do not in themselves exempt the student from the work authorisation procedure.

A Special Case: Ukrainian Citizens

A notification procedure is often used when hiring Ukrainian citizens.

If the person benefits from temporary protection and has active PESEL UKR status, the employer must submit a notification through praca.gov.pl. The notification must be submitted within seven days of the employee’s start date.

Student status does not remove the obligation to submit the notification. The person therefore cannot be hired solely on the basis of a certificate from their university.

The notification procedure also temporarily applies to Ukrainian citizens who do not benefit from temporary protection but are staying in Poland legally on another basis. The transitional period for these individuals remains in effect until 4 March 2029.

For example, suppose the JDG owner is a Belarusian citizen holding a temporary residence permit, while the future employee is a Ukrainian citizen with PESEL UKR status. A notification is required for the employee to work legally. If the entrepreneur does not have a permanent place of residence in Poland and therefore cannot submit the notification to the relevant district labour office (powiatowy urząd pracy), the employment cannot be completed legally.

What Should Be Checked Before Signing the Contract?

Start with two questions: what status does the JDG owner have, and on what basis is the future employee allowed to work in Poland?

If the entrepreneur is a citizen of a country outside the EU, EEA or Switzerland, you should check the basis of their stay and whether they have a permanent place of residence in Poland.

For the future employee, you should verify:

• citizenship;
• legal status of stay;
• the basis for their right to work;
• the validity period of their documents;
• whether a work permit, declaration or notification is required.

Before the employee starts work, you must obtain documents confirming their legal stay and right to work and retain copies of those documents.

A residence card, student ID or verbal assurance from the employee is not sufficient on its own. If there is any uncertainty about the person’s right to work, it is better to verify it before signing the contract rather than after they have started working.

If you run a JDG in Poland and plan to hire a foreign national, ELP Office can help you review the documents and determine which steps need to be completed before the employee starts work.

This material is provided for informational purposes only and does not constitute individual legal advice.