Employer Duties After Hiring a Non-EU Worker in Europe
Hiring a non-EU worker does not end when the permit is issued. In most European countries the employer keeps ongoing duties for as long as the worker is employed: checking and storing the worker's documents, paying at least the level stated in the permit and never less than comparable staff, reporting certain events to the authorities within short deadlines, and checking whether any change to the job requires a new or amended permit. This guide sets out those duties, starting with the rules that apply across the EU and then giving verified examples from Poland, Sweden, the Czech Republic and Malta. It is written for employers, HR teams and agencies, but workers can use it to understand what their employer should be doing. All rules were checked on 11 November 2026.
Why compliance continues after the permit
A work permit, or a combined residence and work permit, is normally granted for a specific employer, a specific job and specific conditions such as pay and working hours. The authority approved those conditions, not a general right to employ the worker in any way. If the conditions change, or if the employer stops meeting them, the permit may no longer cover the work being done. That can make the employment illegal even if the worker is unaware of the problem.
For employers the consequences can include fines, exclusion from future permit procedures and, in some countries, disqualification from hiring foreign workers. For the worker, the consequences can be worse: loss of legal status, refusal of an extension, or difficulties with a later application. Good compliance protects both sides.
Duties that apply across the EU
Checking and keeping documents
The EU Employer Sanctions Directive, Directive 2009/52/EC, sets minimum duties for every employer in the member states bound by it (EUR-Lex). Before a non-EU worker starts, the employer must check that the worker holds a valid residence permit or other authorisation to stay. The employer must keep a copy or record of that document at least for the duration of the employment, so that it can be shown during an inspection. The employer must also notify the competent authority of the start of employment within the period set by national law.
In practice, this means building a simple file for each worker. It should contain a copy of the passport page, the residence card or visa, the work permit or decision, the employment contract, and any later decisions on extensions or changes. A check done once at the start is not enough, because documents expire. A calendar reminder several months before each expiry date helps the employer and the worker start extensions in time.
Equal treatment at work
The revised Single Permit Directive, Directive (EU) 2024/1233, gives single permit holders the right to equal treatment with nationals in key areas, including working conditions, pay and dismissal, health and safety at work, freedom of association, education and vocational training, and certain social security rights (EUR-Lex). An employer cannot lawfully offer a foreign worker worse terms simply because the worker holds a permit.
The directive also requires member states to have monitoring, inspections, complaint mechanisms and sanctions in place to protect workers against exploitation, and it strengthens the worker's right to change employer (European Commission). Employers should assume that labour inspections will look closely at foreign workers' pay and working time.
Poland
Pay must match the permit and comparable staff
Polish voivodeship offices state that the pay of a foreign worker must not be lower than the pay of workers doing comparable work for the same employer (Warmia-Masuria Voivodeship Office). The pay must also respect the national minimum wage, which rises to PLN 4,950 gross per month and PLN 32.30 per hour on 1 January 2027 (Journal of Laws 2026, item 1213). Contracts signed in 2026 that run into 2027 need to be checked against the new amounts.
Short deadlines for notifications
The Polish rules set a seven-day deadline for several notifications by employers, for example where work under a permit or declaration starts, does not start or ends early. The voivodeship offices publish guidance on which events must be reported and how (West Pomeranian Voivodeship Office). A practical step is to name one person in HR who receives every start date, end date and absence that could trigger a report.
Contract changes
Since 8 July 2026, moving a worker from a civil law contract to an employment contract with the same employer no longer requires a new permit (Zielona Linia). Other changes, such as a different role, place of work or pay below the permit level, should be checked against the permit before they take effect.
Online filing and fees
Work permit applications can be filed only online through praca.gov.pl (Zielona Linia), and temporary residence applications have been filed through the MOS portal since 27 April 2026 (Wielkopolska Voivodeship Office). Fees for permits rose from 1 December 2025, with PLN 400 for a work permit longer than three months (Lubuskie Voivodeship Office). Employers who support extensions should budget for these costs.
Sweden
Report if the job does not start
In Sweden, the employer must notify the Swedish Migration Agency if the worker has not started work within four months of the permit being granted (Swedish Migration Agency). The permit can then be withdrawn. This matters when travel, housing or a project start is delayed.
Terms must stay at the approved level
A Swedish permit is granted on the basis of the salary, insurance and conditions in the offer. Since 1 June 2026, new applications generally need a salary of at least 90% of the median, which means SEK 34,470 per month from 16 June 2026 (Swedish Migration Agency). If the employer later pays less than the approved terms, the worker may be refused an extension, and the permit may be withdrawn.
The first 24 months are tied to the job
During the first 24 months, a Swedish work permit is linked to a specific employer and occupation. A new employer or a new occupation in that period requires a new permit (Swedish Migration Agency). An internal move to a different occupation therefore needs the same care as a change of employer.
Czech Republic
Czech employers must place the vacancy in the central database of vacancies before recruiting a foreign worker for it on an employee card (Ministry of the Interior). The labour office explains the employer's steps on its own page (Labour Office of the Czech Republic).
When an employee card holder moves to a new employer, the new employer must issue a confirmation that the worker uses in the report to the Ministry of the Interior. The report must be made at least 30 days before the new job starts (Czech public administration portal). An employer who wants to hire a worker already in the country should plan for this notice period.
Malta
Malta tightened employer duties during 2025 and 2026. Salaries of third-country workers must be paid through a bank, several fees were doubled, and the authority gained powers to disqualify employers who breach the rules (Department of Information). Many new workers must also complete a pre-departure course, with an assessment fee of EUR 250 (Identità). Cash payment of wages is therefore not an option for these workers.
Building a simple compliance routine
The rules differ by country, but a short routine covers most of the risk. The steps below are good practice rather than legal requirements in every country.
- Create one file per worker. Store the permit, residence document, contract, payslips and every decision. Keep it until at least the end of the period your national law requires.
- Track expiry dates. Set reminders for passport, visa, residence card and permit expiry. Extensions usually need to be filed before the current document expires.
- Compare payroll with the permit every month. Check gross pay, hours and job title against what the permit states.
- Check before changing anything. A new role, a pay change, a new workplace or a move between group companies can affect the permit.
- Report events on time. Write down every deadline that applies in your country, such as Poland's seven days or Sweden's four months.
- Keep housing separate from pay. If you arrange accommodation, set out any charge in writing and make sure deductions are lawful.
- Explain the rules to the worker. Workers also have duties, for example reporting a job loss or change of employer. A short written note helps them meet those duties.
A document checklist for each worker
| Document | Why you need it | When to check it again |
|---|---|---|
| Passport copy | Confirms identity and the details used in the permit | Six months before expiry, because renewals abroad can take time |
| Visa or residence card | Shows the right to stay | Before expiry, and after any extension decision |
| Work permit or decision | Shows the approved employer, role and pay | Whenever the job changes |
| Employment contract and annexes | Must match the terms the authority approved | At every pay review |
| Payslips and time records | Prove that pay and hours met the permit | Monthly |
| Notification receipts | Prove that reports were sent on time | After every report |
Keep copies, not originals. Do not keep a worker's original passport or residence card. The International Labour Organization lists the retention of identity documents as one of the indicators of forced labour, and labour inspectors look for it.
What to expect during an inspection
Labour inspectors and migration officers can visit a workplace or request documents. They typically compare the people working on site with the employer's records, check that each non-EU worker holds a valid document, and compare payslips with the pay stated in the permit. They may also speak to workers directly. An employer who keeps the file described above can usually answer these questions quickly. In Poland the National Labour Inspectorate carries out checks on the legality of employment (National Labour Inspectorate).
If an inspection finds a problem, act on it immediately. Correct underpaid wages, file any missed notification and ask the authority how to regularise the situation. Hiding a problem usually makes the consequences worse.
When employment ends
When a non-EU worker resigns, is dismissed or reaches the end of a fixed-term contract, the employer should check whether a report to the authorities is required and by when. The worker also needs to act quickly. In Poland, a holder of a temporary residence and work permit must notify the voivode within 15 working days of losing the job, and in Sweden a worker has three months to find a new job. Our guide to losing your job on a work permit in Europe explains the worker's side.
A clear written termination date, a final payslip and a certificate of employment help the worker show their position to the authorities and to a future employer. If the worker moves to a new employer, our article on changing employer on a work permit in Europe covers the rules in each country.
Using an agency or employer of record
Some employers use a recruitment agency, a temporary work agency or an employer of record. This can help, but it does not remove the need for checks. Confirm that the agency is registered where the law requires it, and agree in writing who files each notification. Our guides on checking a recruitment agency in Europe and hiring through an employer of record explain what to look for.
Common mistakes to avoid
- Assuming the permit covers any job with the same employer.
- Forgetting that a minimum wage increase can push contract pay below the legal floor.
- Letting a worker start before the permit or visa is valid.
- Missing a notification because nobody owned the task.
- Relying on old articles or forum posts instead of the official authority page.
Most compliance problems come from missed dates and unchecked changes, not from complex law. A short routine, reviewed every month, prevents most of them. For the rules on recruiting in the first place, see our overview of Europe work permit changes for 2027.
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