The agriculture and horticulture sector in Poland relies heavily on manual labor, especially during periods of intensive fieldwork and harvesting. Due to the specificity and seasonality of these jobs, there is often a shortage of workers in the local market. Therefore, many farmers and orchardists decide to hire foreigners, mainly from outside the European Union. But how to do it legally, avoiding penalties and problems? The key is a special procedure concerning seasonal work.
What constitutes seasonal work in agriculture/horticulture?
According to regulations (the Act on Employment Promotion and Labor Market Institutions and the relevant executive regulation), seasonal work is work performed for a period not exceeding 9 months in a calendar year in sectors recognized as seasonal. These sectors include agricultural crops, animal raising and breeding, and accommodation and food service activities (although this article focuses on agriculture and horticulture).
A regulation by the Minister of Family, Labour and Social Policy specifies the types of activities within agriculture and horticulture that are considered seasonal work. These include, among others, specific crop cultivation (e.g., vegetables, fruits, flowers), harvesting, basic post-harvest activities (sorting, packing), and some work related to animal breeding. It is always necessary to check if the planned work falls within the scope of activities defined in this regulation.
The key document: seasonal work permit
For legally employing a foreigner (from outside the EU/EEA/Switzerland) for seasonal work in agriculture and horticulture (listed in the aforementioned regulation), a dedicated type of permit is used – the seasonal work permit.
Important: For this type of work, one cannot use a standard work permit or the simplified procedure of a declaration of entrusting work (oświadczenie) (even if it concerns citizens of countries covered by it, like Ukraine or Georgia). Only a for seasonal work permit is required.
How to obtain a seasonal work permit? Procedure for the employer
The procedure for obtaining a seasonal work permit differs from the standard work permit. Key steps for the employer are:
- Submit Application to Starosta (via PUP): As the employer, you submit an application for a seasonal work permit to the Starosta (district governor), competent for your registered office or place of residence. In practice, the application is submitted at the District Labor Office (Powiatowy Urząd Pracy – PUP). The application includes your data, the foreigner’s data, the planned period, type of work (must match the seasonal list), proposed employment conditions (wage, hours), and information about accommodation provision (or lack thereof).
- Verification by PUP: The office checks the application for formal and substantive compliance, e.g., whether you have no arrears in ZUS or tax payments, have not been penalized for certain offenses, whether the proposed wage meets the minimum wage requirement, and if accommodation standards are met (if applicable). Importantly, for a seasonal work permit, as a rule, no labor market test (obtaining starosta’s information about lack of local candidates) is required.
- Starosta’s Decision – Two Scenarios:
- If the foreigner is abroad: The Starosta, after positive verification, enters the application into the register and issues a certificate of application entry into the register of applications for seasonal work (zaświadczenie o wpisie wniosku do ewidencji). The employer forwards this certificate to the foreigner. It serves as the basis for the foreigner to apply for a visa for the purpose of seasonal work at a Polish consulate. Only after the foreigner arrives in Poland based on this visa and the employer informs the PUP of this fact, does the starosta issue the final seasonal work permit.
- If the foreigner is already legally in Poland: If the foreigner is already in Poland with a status allowing them to take up work (e.g., visa-free with right to work based on declaration – though declarations don’t apply to seasonal work, or another visa/residence card allowing work) or if they can change their purpose of stay, the starosta, after positive verification, issues the seasonal work permit directly.
- Special path for citizens of Armenia, Belarus, Georgia, Moldova, Ukraine: If a citizen of one of these countries enters Poland based on the certificate of application entry, they can start working for the employer who submitted the application on the first day of legal stay, before the final seasonal work permit is issued. The condition is that they work for that specific employer, and the employer informs the PUP about the foreigner starting work.
Key employer obligations for seasonal work
When legally employing based on a seasonal work permit, you must remember:
- Written Contract: Conclude a contract (fixed-term employment contract or civil law contract, e.g., mandate) in writing and in a language understandable to the foreigner. Its terms (especially position, salary) must comply with the permit.
- Minimum Wage: Ensure the salary is not lower than the Polish minimum wage.
- Accommodation (if required): If the foreigner comes from abroad without accommodation in Poland and requests it, you must provide it throughout the seasonal work period. Accommodation must meet minimum standards (space, sanitary conditions). You must also sign a separate rental or loan agreement with the worker (it cannot be part of the employment contract!), specifying the conditions and potential costs (rent cannot be deducted from salary unless the employee gives written consent).
- ZUS Registration: Standard obligation for social and health insurance within 7 days.
- Informing PUP: You must inform the PUP about various events, e.g., the foreigner’s arrival and start date, their address in Poland, failure to start work, or early termination.
Employee’s legal stay – Equally important!
Remember that the seasonal work permit legalizes only the work, not the stay! The foreigner must have a separate, valid basis for legal stay in Poland throughout the work period. This could be:
- A visa issued for the purpose of seasonal work (valid max. 9 months).
- Stay under visa-free movement (max. 90 days).
- Another valid visa or residence card, provided it authorizes work (or allows work based on a seasonal work permit).
It is also your duty as an employer to verify the legality of the employee’s stay before allowing them to work and to keep a copy of their residence document.
Scenario: hiring for apple picking
Mr. Jan, an orchard owner, needs 8 workers from Ukraine for apple picking for 4 months (July-October). (Assuming they need seasonal work permit, not covered by simpler notification if Special Act applies, for illustration).
- Mr. Jan submits applications for seasonal work permits for 8 specific individuals from Ukraine to his local PUP, indicating the work period, wages, and confirming he will provide accommodation meeting standards.
- PUP verifies, the starosta issues 8 certificates of application entry.
- Mr. Jan sends the certificates to the workers in Ukraine.
- The workers use the certificates to obtain visas for seasonal work for 4 months at the Polish consulate.
- The workers arrive in Poland. Mr. Jan signs fixed-term employment contracts with each (compliant with permit conditions) and separate rental agreements for the provided accommodation.
- Mr. Jan informs the PUP (via praca.gov.pl) about the workers’ arrival and start date. The starosta issues the final seasonal work permits.
- Mr. Jan registers the workers with ZUS.
Illegal seasonal employment – What’s the risk?
Hiring foreigners for seasonal work without the required seasonal work permit (e.g., undeclared work or based on an incorrect document like a declaration) carries significant risks:
- High financial penalties for the employer (up to PLN 30,000).
- Consequences for the foreigner (fine, deportation, entry ban).
- Frequent inspections by the Border Guard and the National Labour Inspectorate in the agricultural sector.
Need support with seasonal hiring?
The procedure for obtaining a seasonal work permit, although intended to facilitate legal employment, still involves many formalities. Our law firm offers assistance to farmers and agricultural entrepreneurs:
- In correctly filling out and submitting applications for seasonal work permits to the PUP.
- In ensuring compliance with accommodation requirements.
- In drafting appropriate contracts for seasonal workers.
- In advising on obligations towards ZUS and the tax office.
- In providing support in case of inspections.
Legally hiring seasonal workers from abroad is crucial for many farms and horticultural businesses. Using the dedicated seasonal work permit procedure and ensuring compliance with all employer obligations allows you to operate legally and without fear of penalties.
(Please remember that the information in the article is general and based on the Act on Employment Promotion… and related regulations. Always verify the current list of activities considered seasonal and specific procedures at your District Labor Office. This article does not constitute legal advice.)
