As of June 1, 2025, new regulations require employers to provide foreign workers with written information about their right to join or form trade unions. This information must be delivered in a language the foreign worker understands, regardless of the type of employment – including employment contracts, civil law contracts, service relationships, or cooperative membership.

 Lack of clarity and conflicting interpretations

Although the legislator’s intention was to ensure equal access to information about employee rights, the regulation raises several practical concerns:

• Does the obligation apply only to newly hired workers, or also to those already employed?
• Should the information be stored in the employee’s personnel file?
• What exactly should the content of the information be?

Do the Ministry of Family, Labour and Social Policy and Chief Labour Inspectorate speak with one voice? – analysis and challenges

According to the Ministry:

• Employers must provide foreign workers with written information about the general right to join or form trade unions.
• There is no obligation to name specific trade unions operating at the workplace, to avoid the appearance of favoritism.
• The obligation applies only to newly hired foreign workers – not to those employed before June 1, 2025.
• Providing information space (e.g., bulletin boards) for trade unions is optional but aligns with the principles of transparency and social dialogue.

The Ministry also emphasizes that even if no trade unions operate at the workplace, the employer is still required to inform the foreign worker about their right to form or join one.

Although Inspectoratestates that its position was consulted with the Ministry, it introduces key differences:

• GIP believes the obligation also applies to foreign workers employed before June 1, 2025, despite the lack of transitional provisions.
• It confirms that a general statement about the right to join trade unions is sufficient, without naming specific organizations.
• It stresses that the absence of trade unions at the workplace does not exempt the employer from the obligation – the employer may simply add that no unions currently operate at the company.

As a result, challenges arising from divergent interpretations are as follows:

• Inconsistency between MRPiPS and GIP regarding the scope of the obligation (new hires vs. all foreign workers).
• Lack of transitional provisions creates uncertainty for employers regarding existing staff.
• No official template or clear guidelines on the content and storage of the information.
• Risk of misinterpretation by employers, despite good intentions. 

Expert Insight: Michał Wysłocki

According to Michał Wysłocki, Senior Manager in the Immigration Team at EY Poland and ABSL Polad expert:

“Instead of simplification, we’re facing informational chaos. The law should be amended – and quickly. Legal compliance should not rely on ministry interpretations. Employers need clear, well-prepared regulations that reduce uncertainty. They also can’t be sure whether a labour inspector will agree with the ministry’s current interpretation. Businesses want to act lawfully and avoid having to defend their actions in lengthy court proceedings.”

Read more under this link (in Polish).