Polish Border Guard inspections of companies – legality of hiring foreign nationals, procedure, and liability

A Border Guard inspection can happen to any employer who hires foreign nationals.

While it may seem like a mere formality, its impact on business operations and the company’s reputation can be significant. In this article, you’ll learn how such an inspection proceeds, why it’s conducted, and what to do to be well-prepared for it..

Employee inspection – what does the Border Guard check?

During an inspection conducted by the Border Guard, the most important thing is to ensure that foreign nationals are working legally. Officers thoroughly check residence permits and work permits to confirm that everything complies with the law. An important part of the inspection involves work assignment statements, which must be properly prepared and submitted.

The audit focuses on the following areas:

verification of employment contracts and civil law contracts, such as service contracts or specific-task contracts;
compliance of documents with labor law;
review of contract provisions that must not suggest circumvention of regulations regarding the legal employment of foreign nationals;
the accuracy of documentation submitted to the Social Insurance Institution (ZUS) and work time records;
analysis of payrolls to ensure they meet the financial requirements set forth in the regulations;
timeliness of notifications regarding the commencement of work by foreign nationals.

Legal Basis for Border Guard Inspections

Inspections of companies by the Border Guard are based on clearly defined legal provisions that specify how and what may be inspected. The primary legal act is the Act of October 12, 1990, on the Border Guard, specifically Article 10d. It states that officers have the right to inspect a company for compliance with regulations regarding the legality of employing foreigners, their business activities, and the assignment of work to them. They inspect both employers and business owners without employees, and even individuals, if there is a suspicion of irregularities.

Inspectors act under the authority of the relevant Border Guard commander. Inspections may be announced in advance—in which case the company is notified of the date 7 to 30 days beforehand. However, if there is reasonable suspicion of a violation of regulations, the inspection may take place without prior notice. This is particularly important in the fight against illegal employment, which remains a major challenge in the labor market. The Border Guard cooperates with other institutions, particularly the National Labor Inspectorate and the Police. The employer has the right to full information regarding the legal basis and scope of the inspection. Additionally, before the inspection begins, officers must present authorization from their commander and their official identification.

What are the powers of Border Guard officers?

After presenting the appropriate documents, Border Guard officers may move freely within the company premises—this means they may enter the company without hindrance and inspect workplaces to examine them in detail. They may also request access to documents related to the employment of foreign nationals and make copies of them. Border Guard officers may interview employees to obtain accurate information directly from them. If necessary, they may also inspect employees’ living quarters. Employers and their employees should also provide officers with all necessary explanations during the inspection or by the specified deadline.

How are inspections of foreign workers’ legal employment conducted?

After presenting their authorization, officers focus primarily on the following aspects:

Verification of identity and right of residence: checking the passports, visas, or residence cards of all foreign nationals present on the premises.
Compliance with the work permit: analyzing whether the position, salary, and working hours match those declared to the authorities.
Employee documentation: checking signed contracts (translated into a language the employee understands), Social Insurance Institution (ZUS) filings, and time records.
Statements and interviews: collecting oral or written explanations from employees and the employer for the inspection report.
Gathering evidence: making copies of documents and requesting that missing paperwork be provided by a specified deadline.

Statements may be submitted both orally and in writing. Transparency in dealings with the Border Guard is very important. If an inspection is obstructed or information is withheld, serious consequences may arise, including criminal penalties. All findings are documented in the report, which serves as the basis for further legal decisions.

The most common irregularities and consequences for the employer

Inspections conducted by the Border Guard often uncover many issues that can have serious consequences for companies employing foreign nationals. The most common irregularities include:

employing individuals without valid work permits or residence permits;
working in positions inconsistent with the conditions specified in the documents legalizing residence and employment;
lack of proper employment contracts or work orders;
improper maintenance of work time records;
incomplete or delayed reports to the Social Insurance Institution (ZUS);
failure to fulfill reporting obligations.

The consequences for companies that violate the law are severe. They face fines ranging from 1,000 to 30,000 PLN. If they additionally obstruct the inspection, they may face criminal liability. Foreign employees may also face consequences. They may be fined or issued an order to leave the territory of the Republic of Poland.

Employer and Employee Rights Related to Border Guard Inspections

Both employers and employees have a number of rights protecting their interests during activities conducted by the Border Guard. The employer has the right to participate in the inspection in person or through a designated representative. This ensures constant oversight of the officers’ visit and allows for the immediate clarification of any doubts. Employees, on the other hand, have the right to provide answers only to the extent strictly related to the purpose of the inspection. Any person affected by the findings may submit comments to the report within 7 days of receiving it, which serves as a safeguard against erroneous interpretations by the inspectors.

Presence of an Authorized Representative

Appointing a competent company representative is a strategic element in protecting the company’s interests. This person serves as a liaison with officials, ensuring the smooth exchange of information and procedural compliance. Thanks to their thorough knowledge of HR documentation, the representative can immediately respond to questions regarding the specifics of employing foreign nationals, which often helps avoid unnecessary suspicions of irregularities. The representative’s active involvement also includes monitoring how the Border Guard documents its activities and the right to raise objections, thereby minimizing the risk of sanctions.

Report and Information on Findings

The culmination of the Border Guard’s actions is the preparation of an official document, which serves as evidence in any subsequent proceedings. If the inspection reveals no irregularities, officers may limit themselves to preparing a simplified official note. In the case of a full procedure, a report is drawn up, which must contain the following elements:

Formal details: names and surnames of the officers, the exact location, and the time frame of the inspection..
Procedure: a detailed description of the actions taken and a list of all documents and permits reviewed.
Conclusions and findings: identification of any irregularities found or confirmation of compliance with the law.
Signatures and notes: signatures of the parties, any information regarding the employer’s refusal to sign, and the interpreter’s details if they participated in the proceedings.
Instructions: information regarding the right to file objections within 7 days.

A thorough review of the report’s content before signing is essential, as this document determines further legal steps. Even if the employer refuses to sign, the report remains valid; however, documenting the reasons for the refusal allows for later challenges to the findings before higher authorities or in court.

How to prepare your company for a Border Guard inspection?

The preparation process should be multifaceted, combining a document audit with operational readiness of the team. This ensures that every aspect of employing foreign nationals complies with current legal regulations.

Step 1: Verification of employment grounds and notifications

At this stage, it is crucial to ensure that every foreign national holds a valid residence document, such as a visa or residence card, that corresponds to the type of work being performed. It is necessary to verify that work permits are valid and that all contracts—whether employment contracts or civil law contracts—have been entered into in accordance with legal requirements. An important element is verifying the timeliness and accuracy of reports to the Social Insurance Institution (ZUS), as deficiencies in this area are most often detected during the review of HR documentation.

Step 2: Audit of work legalization and residence documents

This step focuses on a substantive analysis of document consistency. It is necessary to verify whether the terms of employment (position, salary, working hours) are identical to those declared in the permits or declarations. The audit allows for the early detection of gaps, such as the expiration of certificates or the absence of addenda when working conditions change. Regularly updating this data protects the company from allegations of illegally assigning work.

Step 3: Review of time records and personnel files

Meticulous record-keeping of working hours is essential to confirm that foreign nationals are working within the limits specified in their permits. As part of this step, you should verify the completeness of personnel files, including the validity of medical examinations and occupational safety and health training. Organizing payrolls and time records enhances the company’s credibility in the eyes of officials and allows for the immediate presentation of evidence of compliance with labor laws.

Step 4: Designating a Contact Person and Representative

The final step is to designate a competent representative who will serve as the point of contact for the Border Guard. This person should:

Be very familiar with the regulations: have knowledge of employment legalization and employer obligations.
Respond efficiently to officers’ questions and provide the requested documents.
Coordinate the team to reduce uncertainty and ensure consistency in the information provided.
Ensure accurate documentation of all activities and report any comments on the inspection findings.

Analysis of the report, implementation of recommendations, and post-inspection actions

The report prepared by the Border Guard is the most important document summarizing the entire inspection. It serves as the direct basis for potentially imposing financial penalties on the employer or issuing a decision requiring the foreign national to return.

Signing the report confirms that the party has reviewed its contents; however, a refusal to sign does not suspend the proceedings or invalidate the findings. An important right of the inspected entity is the right to submit written objections within 7 days. This is the moment when the company can substantively address the Border Guard’s findings, correcting any inaccuracies and protecting its interests.

Passing the inspection successfully or efficiently rectifying detected violations requires taking specific corrective measures. A prompt response to the officers’ comments minimizes the risk of further sanctions and builds the image of a responsible employer for whom the legalization of foreign workers in Poland is an operational priority.

Systematically ensuring that procedures are followed correctly, with the support of experienced specialists, not only safeguards the company’s legal security but also reduces stress for the team during subsequent visits by regulatory authorities.