Seasonal work permits

Starting from 1 January 2018, the amended Act on Employment Promotion and Labour Market Institutions introduced new solutions enabling employed foreigners in Poland to do seasonal work, i.e. a seasonal work permit. Seasonal work is the one done for no more than nine months during a calendar year in the following industries: agriculture, horticulture, tourist industry, within the activities considered seasonal, as stipulated in the implementing regulation (Journal of Laws.18.1749) of the Minister of Family, Labour and Social Policy on the business activity subclasses based on Polska Klasyfikacja Działalności (PKD) where the seasonal work permits are issued to a foreigner.

About Seasonal Work

A temporary stay permit for seasonal work is a type of residence permit that allows non-European Union (EU), non-European Economic Area (EEA), and non-Swiss nationals to work in a specific EU or EEA country for a temporary and seasonal period. This permit is typically granted to individuals who wish to engage in seasonal employment such as agriculture, tourism, or other industries with a demand for temporary labour during specific times of the year.

Key points about this type of permit may include:

1. Purpose: The primary purpose of this permit is to enable foreign workers to fill temporary and seasonal job vacancies that local labour cannot quickly fill during peak seasons.

2. Seasonal Work Permit: In most cases, individuals applying for a temporary stay permit must first obtain a seasonal work permit. This permit is usually issued by the respective government authorities in the country where the employment will occur.

3. Eligibility: To be eligible for this type of permit, applicants must typically meet specific criteria set by the host country's immigration authorities. These criteria may include proof of a valid job offer from an employer, proof of adequate accommodation, and proof of sufficient funds to support themselves during their stay.

4. Limited Duration: Temporary stay permits for seasonal work are usually granted for a specific duration corresponding to the length of the seasonal employment. Once the seasonal work ends, the permit may no longer be valid, and the foreign worker may need to return to their home country.

5. Non-EU/Non-EEA/Non-Swiss Nationals: This type of permit is specifically designed for individuals who are citizens of countries outside the EU, EEA, and Switzerland. Citizens of EU/EEA/Swiss countries typically have different rules and may not require this type of permit to work within these regions.

6. Renewal: In some cases, renewing or extending a temporary stay permit for seasonal work may be possible if the employment opportunity continues for an additional period.

7. Compliance with Regulations: Foreign workers holding this type of permit must comply with all regulations and conditions set by the host country, including tax and labour laws.

The eligibility requirements for a Temporary Stay Permit for Seasonal Work in Poland typically include the following:

1. Entry on a Seasonal Job Visa: The applicant should have entered Poland based on a visa issued to perform a seasonal job. This visa should be connected to an application for a seasonal work permit that has been registered.

2. Valid Seasonal Work Permit: The applicant must hold a valid seasonal work permit or an extension of such a permit. This permit should be good for a period that exceeds the duration of the temporary stay specified in the visa or the period of stay as part of visa-free travel.

3. Regular and Stable Income: The applicant should have a regular and stable income source. This income can be from the seasonal work performed in Poland and should be sufficient to cover living expenses during the stay.

4. Health Insurance: The applicant must possess health insurance coverage during their stay in Poland. This insurance should provide adequate coverage for any medical expenses incurred in the country.

5. Accommodation: The applicant should have arranged accommodation within the territory of the Republic of Poland. This means having a place to stay that meets the necessary living standards during the temporary stay.

The documents you need to apply for a Temporary Stay Permit for Seasonal Work in Poland typically include the following:

1. Visa application form, duly completed.
2. A passport valid for at least three months after your planned departure from Poland.
3. Biometric, passport-sized picture(s).
4. A valid seasonal work permit.
5. Proof of payment for the visa fee.
6. Proof of travel insurance or international medical insurance.
7. A document confirming the purpose of your stay based on the seasonal work permit.
8. A document confirming your accommodation within the territory of Poland.
9. A document confirming regular and stable income.
10. Certificate of discharge of fiscal obligations due to the Treasury issued by the tax office with jurisdiction over your foreigner's residence (if applicable).
11. Information from the country commissioner concerning the results of the labour market test (if applicable).
12. PIT tax form filed with the tax office (if applicable).

What is the salary for seasonal work in Poland? 

The average salary range mentioned, between PLN 1,700 to PLN 2,300 per month for unskilled labour, is a rough estimate. Seasonal jobs in sectors like agriculture, tourism, and hospitality may offer salaries in this range. However, the actual wages can differ based on factors like the region of Poland, the demand for seasonal labour, and the specific employer.

Lump sum payments are expected for seasonal work in Poland, especially in sectors like agriculture, where work may be tied to specific seasons, such as harvesting. Remember to clarify the payment terms with your employer before accepting any seasonal job. Also, it's essential to carefully review your employment contract, including any clauses related to contract termination and potential fines for early termination.

To get the most accurate and up-to-date information on seasonal job salaries in Poland, you should consult with Polish government authorities, employment agencies, or online job portals specialising in seasonal work opportunities in the country.

How long is a seasonal work permit in Poland?

The foreigner may also legally work in Poland based on the permit for seasonal work. The seasonal work permit authorises the foreigner to work within the period indicated in it; however, it is no longer than nine months within the calendar year.

Seasonal work permit extension

This refers solely to foreigners who visit Poland for seasonal work, i.e. the ones for whom the entry in the register of applications for a seasonal work permit was obtained (a "seasonal" visa, non-visa traffic with the application entered in the register); It is issued to continue work for the same entity or to start work for another entity; It is issued for a period which, together with the period of the foreigner's stay in connection with seasonal work, calculated from the first day of entry in Schengen area in a given calendar year, is not longer than 9 months in a calendar year; The foreigner can work when waiting for the extension of the seasonal work permit for the same employer throughout the whole waiting period, but for a new employer for up to 30 days; If the competence of a starost is changed because of the change of the seat or place of abode of the entity entrusting work to a foreigner, the competence of the starost for the procedure of the seasonal work permit extension is determined as at the day when the application for issuing the permit extension is submitted.

Seasonal work permit validity term

A seasonal work permit is issued for up to nine months in a calendar year. In the case of a foreigner who came to Poland based on a visa issued for seasonal work or within non-visa traffic in connection with the application for a seasonal work permit entered in the register of seasonal work applications, the said period is calculated started from the first day of the foreigner's arrival in Schengen Area; For foreigners who came for any purpose other than seasonal work, the permit can be issued for the term of their legal stay not longer than nine months. The said period is calculated together with the periods named in the seasonal work permits issued previously for that foreigner.

More effortless procedure for the nationals of Armenia, Belarus, Moldova, Russia and Ukraine (six states using the declaration system):

Exemption from the so-called labour market test — applying for a seasonal work permit for nationals of the said states, the entity need not present the information of the starost on the inability to satisfy the personnel needs of the employer based on the register of the unemployed and jobseekers or on a negative result of recruitment organised for the employer.

the so-called multi-season application — when requested by the entity entrusting seasonal work to a foreigner, the starost can enter the application for a seasonal work permit in the register for periods not exceeding nine months in a calendar year (for no more than three consecutive calendar years), provided the said employer entrusted work to a foreigner based on a seasonal work permit at least once during five years preceding the application submission day;

it is also possible to assign work other than seasonal for up to 30 days during the validity term of the seasonal work permit held (except for temporary workers) without applying for a separate work permit. To benefit from that possibility, the entity entrusting work must pay at least remuneration on the existing level to the foreigner.

Was it working when waiting for the seasonal work permit?

A foreigner using the so-called "foreign path" can also work during the period of waiting for the seasonal work permit if the employer notified the office of the foreigner's arrival and the work is done based on the terms and conditions stipulated in the certificate of entry in the register issued by the Office before.

The foreigner who came to do seasonal work can work when waiting for the extension of the seasonal work permit (for the same employer throughout the whole waiting period, but for a new employer for up to 30 days).

• changed seat or place of permanent abode, name or legal form of the entity entrusting work to a foreigner;
• acquisition of an employment establishment or a part thereof by another employer;
• transfer of an employment establishment or a part thereof to another employer;
• execution of a contract of employment and not a civil law agreement by the entity entrusting work and the foreigner.

If the entity is a temporary work agency, it is obliged to notify the competent labour office of the said changes within seven days after they occur. The failure to fulfil the said obligation is subject to a fine.

Introduction:

• Definition of Seasonal Work: Seasonal work refers to employment that lasts no longer than nine months within a calendar year, primarily in sectors such as agriculture, horticulture, and tourism, as specified in the Polish Classification of Activities (PKD).
• Eligibility: This residence permit is granted to third-country nationals (those not from EU countries, Norway, Iceland, Liechtenstein, or Switzerland) and stateless individuals who enter Poland with a visa for seasonal work or under the visa-free regime.
• Contractual Requirement: Individuals seeking this permit must contract with an entity based in Poland authorised to hire seasonal workers.
• Permit Duration: The permit is issued for a period not exceeding the validity of the seasonal work permit or its extension. However, it cannot exceed nine months from the date of the foreigner's first entry into Poland for seasonal work in a calendar year.
• No Work Conditions: Unlike other residence permits, the seasonal work permit does not impose specific work-related conditions. It primarily regulates the foreigner's stay in Poland.
• Application Process: The voivode responsible for the foreigner’s residence grants the permit. In the case of appeal proceedings, it is given by the Head of the Office for Foreigners.
• Distinct from General Work Permits: Seasonal work must not be performed under a temporary residence and work permit, a general permit for work in Poland. Applying for a seasonal work permit is inappropriate and will not initiate the permit procedure.
• Contact Information: To clarify whether a specific type of work qualifies as seasonal and requires a seasonal work permit, individuals can contact the nearest Poviat Labour Office or the Ministry of Development, Labour, and Technology.

Disclaimer: StudyinPoland.info is a marketplace connecting experts on Poland immigration and education with those seeking information. The information displayed on this page is for informational purposes only and is not intended to be legal advice. Please speak to an expert before applying for a visa.