Illegal employment of foreigners in Warmia and Mazury

Warmińsko-Mazurski Branch of Border defender continues to monitor the legality of abroad employment in the voivodship. From January until the end of May 2025, officers carried out checks involving almost 1890 foreigners, of which as many as 395 people worked illegally.

This is an alarming result, which revealed many violations of labour law and procedures related to the admission of foreigners to work in the territory of the Republic of Poland.

Where are the most common cases of irregularities?

Most cases of illegal employment have been detected in companies operating in key economical sectors:

• Labour mediation,
• production,
• Construction,
• services.

According to the SG data, the highest number of deficiencies afraid workers from the Philippines, India, Moldova and Ukraine. In many cases, employers did not have the required permits to employment foreigners, or they allowed crucial derogations from the conditions laid down in the documents.

No employment contract – the biggest problem

One of the most serious violations was lack of formalisation of the employment relationship – any employers did not conclude any contracts with foreigners, which prevented control of their legal position and the fulfilment of basic labour rights.

Such a state of affairs may lead not only to administrative sanctions, but besides to possible criminal proceedings, especially if it is proven to hide actual employment deliberately without gathering the requirements of the Act on allowing foreigners to stay in the territory of Poland.

Which counties have the highest percent of violations?

The SG analysis indicates that the most irregularities were recorded in the following counties:

• Mręgowski and Olsztyn – 16% of all confirmed cases,
• Elk and Lidzbark – after 9%,
• gizzards and pigeons - 7% each.

These data show that the problem is not a single region of the country, but a regional 1 and requires a systemic approach from control authorities and public administration.

Courts punish severely – already over 84 1000 PLN fines

As part of the audit activities, the regional courts have so far imposed financial penalties for the full amount nearly PLN 84 thousand. Administrative and criminal proceedings concerning further cases are inactive ongoing.

It is worth noting that many cases go to courts through a summary procedure where entrepreneurs voluntarily apply to pay a fine. An example of this is the situation from the Zambrowski district, where the owners of the companies admitted violations and committed to pay PLN 66 thousand fines.

Barcian example – 28 foreigners worked illegally

In 1 of the fresh actions, the Border defender from the Barciany Station inspected 3 companies. The consequence was crucial – 28 foreigners worked illegally.

"Employees from Zambrowski region sent foreigners to work in Mrągowski region without approval and employment contract. A full of 96 foreigners from Bangladesh, Belarus, the Philippines, India, Indonesia, Colombia, Nepal, Ukraine and Zimbabwe were controlled. It turned out that 22 Colombians, 4 Filipinos, a citizen of India and Indonesian worked illegally, on construction and in a production facility," the Border defender reports.

Are global consequences possible?

Although most cases concern violations of Polish law, it is worth remembering that EU mechanisms, specified as cooperation with Eurojust and Europol, can be launched in case of repeated cases of illegal employment of foreigners. In addition, the EU Court of Justice could address cases that violate the principles of the free movement of people and services within the European Union.

Summary

Illegal employment of foreigners is simply a socio-economic problem, which poses both a hazard to national safety and a threat to human rights. Border defender controls in Warmia and Mazury show that, although preventive action brings results, further legislative and educational action is needed to reduce this phenomenon.

It is crucial for entrepreneurs to comply with the applicable regulations and for foreigners to have full access to information about their rights and obligations in Poland.