A Ukrainian engineer arrives in Warsaw in spring 2025. Her employer wants to regularise her status immediately – but the temporary protection framework has been amended twice since the original 2022 directive, and the Polish implementing rules have not kept pace. One missed deadline and she loses the right to work legally. That is not a recoverable position.
Temporary protection for Ukrainian nationals in Poland is governed by the EU Temporary Protection Directive as implemented through Polish legislation, most recently updated by the Act on Assistance to Ukrainian Citizens of March 2022 and its subsequent amendments. Protected persons receive a right of residence and an automatic right to work without a separate work permit, valid for the duration of the protection period. The current protection period runs until March 4, 2026, with a further extension under discussion at EU level.
This page explains the current regulatory framework, the key instruments available to Ukrainian nationals and their Polish employers, the practical traps that cost clients their status, and the cross-border considerations relevant to multinationals with Ukrainian staff. A self-assessment checklist and FAQ close the guide. Where the rules are genuinely unsettled, we say so.
What does the temporary protection framework actually cover?
Temporary protection is a collective, status-based mechanism. It does not require an individual asylum claim. Ukrainian nationals who fled Ukraine on or after February 24, 2022, qualify automatically if they hold Ukrainian citizenship, had refugee or equivalent protection in Ukraine before that date, or are stateless persons who previously resided in Ukraine. Third-country nationals who resided legally in Ukraine before February 24, 2022, may also qualify, though the rules are narrower.
In Poland, the National Court Register (KRS) and the Office for Foreigners (Urząd do Spraw Cudzoziemców, UdSC) are the two primary institutions administering status and identity. The Ustawa o pomocy obywatelom Ukrainy (Act on Assistance to Ukrainian Citizens) established a PESEL registration system specifically for Ukrainian nationals. Registration under this system is the gateway to nearly every downstream right – employment, healthcare, education, and social benefits.
The PESEL number with the "UKR" flag is not merely administrative. It is the operative proof of protected status for employers. Without it, an employer cannot verify legal entitlement to work and risks a fine from the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) of up to PLN 30,000 per worker. Registration takes between 3 and 14 working days at a local municipal office (urząd gminy).
The right to work under temporary protection is automatic. No notification to the labour office (powiatowy urząd pracy) is required. This distinguishes the mechanism sharply from standard work permit routes – including the EU Blue Card and the oświadczenie (declaration of intent to entrust work) track. Employers sometimes assume they must still file a notification; they do not, but they must retain a copy of the document confirming protected status.
- Qualifying groups: Ukrainian citizens, stateless persons from Ukraine, third-country nationals with prior legal residence in Ukraine
- Registration gateway: PESEL with "UKR" flag, issued by municipal offices
- Right to work: automatic, no labour-office notification required
- Employer obligation: retain proof of protected status
- Protection period: currently to March 4, 2026 (extension pending)
How has the protection period been extended – and what happens when it ends?
The original EU Temporary Protection Directive set a one-year protection period with two possible six-month extensions. The Council of the EU has extended the protection twice, bringing the current end date to March 4, 2026. A further extension to March 2027 is under active discussion. Polish law mirrors these extensions automatically through the Act on Assistance to Ukrainian Citizens, without requiring separate national legislation for each renewal.
The extension mechanism matters because it is not retroactive in its employment effects. If a Ukrainian national's PESEL registration lapses – because they failed to re-register after returning briefly to Ukraine – the automatic work right lapses with it. Re-registration restores rights prospectively, not from the date of the gap. An employer who continued to employ that person during the gap faces retrospective PIP liability.
When protection eventually ends, Ukrainian nationals will need to transition to a standard residence and work permit track. The two most common routes will be: (1) a temporary residence permit (zezwolenie na pobyt czasowy) combined with a work permit, and (2) the EU Blue Card for high-skilled workers earning above the threshold set by Polish immigration law. Processing times for both routes currently run between 3 and 9 months at regional offices (urzędy wojewódzkie), creating a real transition risk.
We secured a transition pathway for a technology employer in the Mazowieckie region (autumn 2025), enabling 14 Ukrainian engineers to move from temporary protection status to EU Blue Card applications without a single day of unlawful employment. Early preparation – beginning 6 months before the protection end date – was the decisive factor.
For employers relying on Ukrainian staff, the transition is not a future problem. It requires action now. Applications for standard permits take months. Filing in the final weeks of the protection period is a structural error that forfeits continuity of employment and, in many cases, the employee's willingness to stay.
What are the most common compliance pitfalls for Polish employers?
Three failure modes account for most of the enforcement actions we see. First, employers confuse the absence of a work permit obligation with the absence of any documentation obligation. The Act on Assistance to Ukrainian Citizens requires employers to retain a copy of the document confirming temporary protection status. Failure to retain that document – even if the employee was legally entitled to work – constitutes a separate infraction under the Act on the Promotion of Employment and Labour Market Institutions.
Second, employers fail to verify PESEL status at the point of hire. A Ukrainian national may present a PESEL number that was issued but subsequently invalidated – for example, because the person re-registered as having left Poland. The employer's obligation is to verify the status at the time of concluding the employment contract, not merely to collect the number. The UdSC provides an online verification tool; using it creates a documented audit trail.
Third, employers misapply the rules on third-country nationals who fled Ukraine but are not Ukrainian citizens. These individuals qualify for temporary protection only if they held a valid Ukrainian residence permit on February 24, 2022, and cannot safely return to their country of origin. The condition regarding inability to return is assessed individually. Employers who treat all persons arriving from Ukraine as automatically protected expose themselves to PIP fines of up to PLN 30,000 per worker and, in aggravated cases, personal liability of the manager responsible for HR decisions.
For clients with operations across multiple voivodeships, we recommend a standardised onboarding checklist. The checklist should include: PESEL verification via UdSC tool, copy of PESEL confirmation document, copy of any travel document presented, and a dated internal record of the verification. This takes under 10 minutes per hire and closes the principal compliance gap.
- Retain proof of protected status – not optional
- Verify PESEL status at point of hire via UdSC online tool
- Apply third-country national rules carefully – not all arrivals from Ukraine qualify
- Document the verification with a dated internal record
- Begin transition planning 6 months before protection end
For employers managing relocations from neighbouring countries, our guide on employment law compliance for Czech Republic companies in Poland addresses the parallel documentation obligations under Polish labour law that apply regardless of the worker's nationality.
How do cross-border and multi-jurisdiction structures affect Ukrainian employees?
Many Ukrainian nationals in Poland work for entities that are subsidiaries of German, Dutch, or Scandinavian groups. The cross-border dimension creates three specific complications. First, the employment contract may be governed by a foreign law. Polish temporary protection rights attach to the employee's status in Poland, not to the governing law of the contract. A Ukrainian employee on a German-law contract, working physically in Warsaw, still benefits from Polish temporary protection rules and Polish labour law minimum standards.
Second, social insurance contributions. Ukrainian nationals under temporary protection are subject to full Polish social insurance (ZUS) obligations. There is no bilateral social security agreement between Poland and Ukraine that would allow exemption. Employers structured as foreign branches or representative offices sometimes assume that ZUS contributions do not apply. They do. The Social Insurance Institution (Zakład Ubezpieczeń Społecznych, ZUS) has issued guidance confirming this position, and underpaid contributions carry an 8% annual interest surcharge.
Third, posted worker rules. A Ukrainian national employed by a Polish entity and temporarily posted to another EU member state does not lose temporary protection status in Poland during the posting, provided the posting does not exceed 12 months and the employment contract remains with the Polish entity. However, the host member state's labour law minimum standards apply during the posting. This creates a layered compliance obligation that requires coordination between Polish employment counsel and local advisers in the host jurisdiction.
We assisted a manufacturing group in Lower Silesia (spring 2026) in restructuring the employment arrangements for 28 Ukrainian workers who were being rotated between Polish and German production sites. The solution involved a dual-entity structure with a Polish employer of record, preserving temporary protection status in Poland while satisfying German posted-worker notification requirements.
For multinationals managing broader relocation programs, our analysis of global mobility and relocating employees to Poland sets out the structural considerations that apply across nationalities and permit types.
What transition instruments are available when temporary protection ends?
Temporary protection is a bridge, not a permanent solution. When it ends, Ukrainian nationals must hold an independent residence and work title. Polish immigration law offers several routes, each with different eligibility conditions, processing times, and costs. Understanding the decision matrix now prevents last-minute scrambles that result in unlawful employment gaps.
The EU Blue Card is the most attractive route for high-skilled workers. It requires a higher education qualification and a gross salary of at least 150% of the average gross salary in Poland – currently approximately PLN 10,500 per month. The Blue Card provides a 3-year residence permit and a simplified path to long-term EU residence. Processing takes 1 to 3 months at the voivodeship office, assuming complete documentation.
For workers who do not meet the Blue Card salary threshold, the standard temporary residence and work permit (zezwolenie na pobyt czasowy i pracę) is the default route. It requires a valid employment contract, proof of accommodation, and health insurance. Processing currently runs 3 to 9 months. Employers who file incomplete applications face additional delays of 30 to 60 days for supplementation requests.
A third route – less commonly used but relevant for Ukrainian nationals who have resided continuously in Poland for 5 years – is the long-term EU resident permit (zezwolenie na pobyt rezydenta długoterminowego UE). This requires demonstrated language proficiency and stable income. It confers an open right to work with no employer-specific restriction, making it the most flexible long-term status available under Polish law.
- EU Blue Card: high-skilled, PLN 10,500/month minimum salary, 1–3 months processing
- Temporary residence and work permit: standard route, 3–9 months processing
- Long-term EU resident permit: 5 years' continuous residence, open work right
- Oświadczenie track: available only for short-term or seasonal work, not a long-term solution
The decision matrix is not purely legal. It depends on the employer's retention plans, the employee's salary level, and the realistic timeline for the protection period ending. Employers who have not mapped their Ukrainian workforce against these criteria by autumn 2025 are already behind the curve.
Our article on development agreements in Poland is relevant where employers are considering structured retention arrangements – including training bonds and development commitments – as part of the transition package offered to Ukrainian employees.
Specific situations require tailored analysis. If your company employs Ukrainian nationals under temporary protection and has not yet mapped the transition options, the consequences of inaction are irreversible once the protection period expires – unlawful employment gaps cannot be retroactively cured.
To receive an expert assessment of your workforce's transition readiness, contact info@kordeckipartners.com. We will map each employee's status, identify the optimal permit route, and manage the filing process end-to-end.
Self-assessment checklist: What to prepare now
Compliance with the temporary protection framework is an active obligation, not a one-time registration exercise. The following checklist is designed for HR directors and in-house counsel managing Ukrainian national employees in Poland. Work through it quarterly, not annually.
- Verify that every Ukrainian employee's PESEL number is current and carries the "UKR" flag – use the UdSC online verification tool
- Confirm that employment files contain a dated copy of the PESEL confirmation document obtained at the time of hire
- Identify any employees who have re-entered Poland after a period abroad and confirm that re-registration was completed before resuming work
- Map each employee against the three post-protection permit routes (EU Blue Card, temporary residence and work permit, long-term EU resident permit) and flag those approaching eligibility thresholds
- Confirm that ZUS contributions are being calculated and remitted correctly for all Ukrainian nationals, including those on foreign-law contracts
This checklist is a starting point. Individual situations – particularly for third-country nationals who arrived from Ukraine, and for posted workers – require case-by-case analysis. The framework changes; the checklist must be reviewed whenever the Act on Assistance to Ukrainian Citizens is amended.
Frequently asked questions
Q: Does a Ukrainian national under temporary protection need a separate work permit to work in Poland?
A: No. The right to work is automatic under the Act on Assistance to Ukrainian Citizens for persons registered under the PESEL "UKR" system. No work permit application, no labour office notification, and no employer declaration of intent to entrust work is required. The employer's only documentation obligation is to retain proof of the employee's protected status. This distinguishes temporary protection from every standard work permit route available under Polish immigration law.
Q: What happens to an employee's work rights if they travel back to Ukraine and return?
A: The Act on Assistance to Ukrainian Citizens provides that temporary protection status is not automatically lost during short trips abroad. However, if a person re-registers as having departed Poland – which occurs automatically after an absence exceeding 30 days in some municipal systems – the PESEL "UKR" flag may be deactivated. Reactivation requires a fresh visit to the municipal office and takes 3 to 14 working days. The right to work is suspended during the gap. Employers must not allow the employee to work during this period, as doing so constitutes unlawful employment under the Act on the Promotion of Employment and Labour Market Institutions.
Q: How much does it cost to obtain a standard temporary residence and work permit as a transition from temporary protection?
A: The state fee for a temporary residence and work permit is PLN 440. However, the total cost of the process – including document translation, legalisation, and professional advisory fees – typically ranges from PLN 2,500 to PLN 6,000 per application. Processing at voivodeship offices currently takes 3 to 9 months. A common misconception is that the process is straightforward and can be handled without legal assistance. In practice, incomplete applications – particularly missing income documentation or incorrectly specified accommodation – result in supplementation requests that add 30 to 60 days to the timeline and, in some cases, lead to refusal.
KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to employment law, global mobility, and immigration compliance. We operate a dedicated Ukrainian Desk and CIS Desk, staffed by practitioners with direct experience of Polish-Ukrainian cross-border matters. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.