21 Mar 1211 views

How to apply Seasonal work permit to Poland 2023?

Just like any other type of employment, seasonal work requires a work permit in Poland - unless of course, you are a citizen of the EU or one of few other countries exempt from this obligation. If you do not fall into the above category, you may want to learn how it all works.

Since 1 January 2018, seasonal work in Poland can be taken up by foreigners for a maximum of 9 months in a calendar year and performed in the following sectors: agriculture, horticulture and tourism. Seasonal work requires a special work permit (type "S" permit), issued by the relevant starosta office and applied for by the employer.

Such a permit can be issued only under the following conditions:

the amount of pay specified in the contract can not be lower than that of other employees performing similar type of work
the application contains the labour market test ("starost's information") confirming that the staffing needs of the employer can not be otherwise met

The labour market test is however not required if the foreigner:

is a citizen of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine, or
have stayed on the territory of Poland for the period of 3 years preceding the application, or
is a doctoral student or graduated from a university on the territory of Poland or Switzerland or one of the EEA countries within the 3 years preceding the application

The application procedure varies depending on whether the foreign citizen already lives in Poland or not. If they do live in Poland, the application is processed within 7 to 30 days from its submission. If the foreigner does not live in Poland yet, the application submitted by the employer will be first entered into the application registry and a certificate of application issued within 7 to 30 days. The certificate shall be then sent to the foreigner by their employer and used to obtain a visa to Poland. Once the foreigner arrives in Poland, the work permit can be issued.

Features of seasonal work in Poland - what vacancies are popular in 2023

One of the ways to find legal job in Poland is through seasonal work. Although there are certain variances, the manner of official registration largely corresponds with similar processes. The prospective employee must be aware of them in order for the work to be compensated, to avoid penalties, termination, or deportation.

What exactly do seasonal work entail in Poland? How can I locate and land a job? What information is required? We'll make an effort to think about these and other concerns in depth.

What is it and for whom?

We are talking about vacancies that appear only for a certain period. For example, seasonal work in Poland is picking strawberries and other crops that occur at a certain time when the crop is ripe.

The situation is similar with work related to the tourist season - the employer only needs it during the corresponding period.

The duration of seasonal work is determined in advance and must be stipulated when issuing a visa. However, the work front can be determined not only by time, but also by the amount of necessary work.

When are there seasonal jobs in Poland and how long can you work there

Usually, seasonal work continues in the spring and summer period, but some work can continue in autumn, during September, October and even until November - before the onset of frost.

The peak demand for the work of seasonal workers falls on the period from May to September.

Depending on the available visa and work permit, they can work seasonal jobs for a maximum of six to nine months a year.

Seasonal work in Poland: pros and cons

Like any process, seasonal work in Poland in 2023 has its pros and cons. Let's not consider seasonality itself in this perspective, because for different people it can be both a merit and a disadvantage.

Sometimes people who have not found another employer go to such jobs - for them, the time limit is undoubtedly a minus. For others, on the contrary, seasonal work in Poland for 2023 gives the opportunity to work on a vacation taken at another company, that is, an undeniable plus. Seasonal work in Poland is also very popular for students who can earn money and visit Europe during the holidays.

Common advantages include:

the possibility of official employment for up to 9 months a year;
the possibility of obtaining a multi-season visa for 3 years;
the opportunity to plan your employment, because the (at least approximate) term of work is known in advance;
a large number of vacancies;
low requirements for existing qualifications;
language practice;
familiarization with the country.

Disadvantages, of course, also exist, and they must be taken into account in advance, because it can be about both simple inconveniences and threats to health:

often we are talking about hard physical work;
harvesting is carried out in the fresh air, regardless of weather conditions, which requires applicants to be in good physical health;
such seasonal work in Poland implies a small amount of time for rest.

Actual vacancies for seasonal work in Poland

Every fifth citizen in Poland works in agriculture. As a rule, this is work on small farms, most often - harvesting berries and fruits.

In addition, a certain number of people are employed in the field of tourism and hotel business - maids, cleaners, waitresses, tour guides, bartenders, sellers. In the warm season, the number of vacancies in construction increases, such as - concrete workers, welders, loaders, handymen and many others.

Seasonal jobs in Poland are quite attractive to our people. Of course, this income is not easy, but it is paid well, which is one of the advantages of such jobs.

Agriculture

It has already been mentioned that seasonal work in Poland for 2-3 months in the field of agricultural production is one of the most popular. Their exact terms depend on natural factors, but roughly they look like this:

Month	Culture
May June	strawberries; merry; currant; carrot; cucumbers; tomatoes
July August	raspberry; blueberry; currant; plums; vegetables.
September October	apples and pears; potato; vegetables.

There are cases when seasonal work in Poland starts earlier, if work on tree and bush pruning, weeding, etc. is required.

Other industries

If the picking of berries and vegetables is available to any healthy person, then with other jobs there may be certain gender preferences.

It's about the benefits, not the limitations.

In connection with the increase in the flow of labor migration of Poles to other EU countries, more qualified vacancies are opening up in Poland itself. Sometimes companies invite programmers, engineers, neurosurgeons, etc. In most cases, these cases are considered individually.

Seasonal vacancies are often opened for less qualified jobs.

Seasonal work in Poland for women. Maids, cleaners, waitresses, caretakers.
For men. Drivers, builders, welders, loaders, rescuers, guards, handymen.
For couples. Guides, bartenders, sellers, workers in warehouses and factories.

If you need a seasonal job in Poland, the minimum salary must be specified before coming to a foreign country. The average salary for unskilled labor can be PLN 1,700 - PLN 2,300 per month, but in most cases lump sum payment is practiced, and early termination of the contract may result in fines.

Please note that some of these vacancies may not be seasonal, but we are considering this type of employment for the indicated occupations. If everything is clear with the tourist direction - it is relevant in the summer season (May-September), then with construction, caretakers, sellers, etc. worth explaining.

Temporary vacancies in these specialties can arise only for one reason - it's vacation time for Poles. That is, theoretically these vacancies can appear throughout the year, but in practice they are also concentrated closer to the summer.

Recommendations

In addition to the obvious information, we recommend specifying other parameters in detail.

For example, there are cases when the employer specifies "food" as one of the working conditions, but in practice it turns out to be only vegetables, and the rest of the food has to be bought at one's own expense.

Similarly, you should find out:

exact living conditions;
length of working day;
fines;
terms of termination of the contract.

Seasonal work in Poland without intermediaries: search and registration

We will only briefly remind you that you can do this both independently (via the Internet, Polish newspapers, etc.) and through intermediaries.

When using intermediary firms, it is necessary to read in detail the reviews of those who have resorted to their services before in order to avoid fraudulent schemes. You should also know that such companies are not responsible for the working conditions, payment and living conditions of the employed - these parameters are determined directly with the employer.

The procedure for obtaining a seasonal work permit

The employer submits to the Powiatowy Urz?d Pracy (PUP) an application for a seasonal work permit for a specific foreign applicant.
PUP examines the application and, if there are no circumstances for refusal, issues a certificate of entry of the application into the register of applications. PUP is given 7 days to consider the application, if there is a need for additional clarification of information, this period can be extended up to 30 days. In particularly difficult cases, consideration is allowed within 2 months from the date of submission of the application. The applicant, who did not submit all the necessary documents or did not take into account all the requirements, will be asked to eliminate the deficiencies within the established period of at least 7 days. If the deficiencies are not eliminated in time, the application will be left without consideration.

For the issuance of a permit for seasonal work or for its extension, the employer must pay a one-time contribution in the amount of no more than 10% of the minimum wage for each employee. Today, this amount is 30 zlotys.

The new articles of the law on promotion of employment and instytucjach rynku pracy obliged the elders to keep registers of permits for seasonal work, which will keep complete information about employers, foreign workers and the work they perform.
The employer gives the employee a certificate of application to the register. This certificate is the basis for obtaining a visa for the employee, and also confirms the purpose of the trip when crossing the border.
After arriving in Poland, the employer signs an employment contract with him. For all foreigners who are required to issue a work permit, an employment contract must be drawn up in writing - this is one of the conditions for legal employment. Also, the contract must be translated into an understandable language and one copy must be given to him. The contract must contain the conditions declared by the employer in the statement of intention to entrust work to a foreigner. In particular, the amount of remuneration, which will be determined in the contract, should not be lower than the salary of other employees performing the same work or in the same position for an equivalent period of time.
On the day of starting work, the employer is obliged to inform the Powiatowy Urz?d Pracy about this, attaching a copy of the passport and the address of residence in Poland to the application. The work is considered legal from the moment of notification by the employer about the start of work.

When it is allowed to start work

Immediately, on the day of transfer to the PUP, a copy of the document granting the right to stay in the territory of Poland, as well as information about the address of residence for the period of stay in the country.
Immediately after entering Poland, if the entry took place on a holiday of a specific PUP, provided that the above documents are transferred to the PUP on the first working day after entry.

If, within 120 days from the date of entering the application for seasonal work in the register, the employer has not submitted documents for the employee to the PUP and there was no statement that the work will be performed at other times, then such permission for seasonal work will be canceled.

A foreigner who is on the territory of Poland on grounds other than a visa, issued on the basis of a permit to perform seasonal work (for example, a residence card with access to the labor market, a stamp in the passport) or entered the Schengen Area under the visa-free regime without in connection with the application for the issuance of a permit for seasonal work, may also receive a permit for seasonal work for the period of legal stay, but not more than for a period of 9 months during the calendar year.

The legal basis for such actions was the introduction of amendments to the law on foreigners (Ustawa z dnia 12 grudnia 2013 r. O cudzoziemcach). So in art. 60.1, an additional clause 5a) is introduced, which increases the permitted period of work on a visa (national or Schengen) to 9 months per year if there is a seasonal work permit. In addition, a new section 10a (art. 185a - 185c) has been added, which gives the right to obtain a temporary residence permit (residence card) based on a seasonal work permit.

If the employer provides housing to a foreign employee, in this case, a lease agreement must be signed and the terms of employment discussed. Housing rent cannot be deducted from wages.

You can apply for a seasonal work permit through the praca.gov.pl website or print out the application form, fill it out and take it to the PUP. Applications submitted electronically must be signed by a qualified electronic signature or a signature verified by an ePUAP profile.

A foreigner is given the right to change his employer once within 9 months by applying for an extension of a seasonal work permit, but with another employer. It is possible to extend the permit for seasonal work with the same employer several times, but within 9 calendar months from the moment the citizen enters the territory of the EU. However, it should be borne in mind that for the extension of the permit for seasonal work, the employer must pay a one-time fee in the same amount as for the issuance of the permit.

Priority will be given to those who have worked for this employer at least once during the previous 5 years on the basis of a seasonal work permit, if the work will be performed on the basis of an employment contract.

When issuing permits for seasonal work, preferences are given to citizens of the country, which are:

exemption from the need to conduct labor market research (to obtain information about the lack of applicants among the unemployed and job seekers);
the possibility of obtaining a permit for seasonal work for a period of up to 3 years (but you can only work for 9 months during the year), thanks to which, in the following years, he will be able to apply for a corresponding visa or come to Poland on his own without additional formalities (since the law on visa-free regime applies);
the possibility of assigning non-seasonal work for a period of up to 30 days during the validity period of the seasonal work permit, without the need to obtain a separate work permit. To take advantage of this opportunity, the employer will have to notify the PUP and provide wages at least at the previous level.

What documents are required for seasonal work in Poland

For legal employment for any job in Poland, one must first obtain a Polish work visa. There are several types of Polish work visas, but for those interested in seasonal work, it is the D05a visa that is required. It is issued precisely on the basis of a seasonal work permit and gives the right to work legally in Poland for 9 months during the year in jobs that are recognized by Polish law as seasonal.

To obtain a visa, it is necessary to obtain a seasonal work permit.

Before starting work, you need to sign an employment contract with the employer. Today, three types of such contracts are most common in Poland:

An employment contract (umowa o pracku), which is regulated by the Labor Code.
Contract of assignment (umowa zlecenia), which is regulated by the Civil Code.
Subcontract (umowa o dzie?o), which is regulated by the Civil Code.

These contracts include important aspects of work, such as a clearly defined number of working hours and additional pay for overtime work, clear principles of dismissal, a guaranteed minimum wage, social protection, etc.

In addition to these contracts, this year a new type of contract was introduced in Poland specifically for seasonal workers working in agriculture - an agreement on assistance in harvesting (umowa o pomocy przy zbiorach). This agreement between the farmer-employer and the seasonal employee can be concluded for a period that does not exceed 180 days in a year.

A seasonal worker can sign one or more such contracts with one farmer or with several different farmer-employers during the year. However, in general, the duration of all agreements cannot exceed the specified 180 days.

The agreement on assistance in harvesting must be concluded in writing between the employee and the employer (farmer) for the following types of work:

collection of fruits and vegetables;
removal of unnecessary parts of plants, cleaning of harvested crops;
sorting of harvested or harvested fruits and vegetables;
other works on the preparation of fruits and vegetables for transportation, storage or sale (stacking in boxes, loading, packaging, etc.);
other works related to cleaning and improving the quality of the harvested crop.

Pay attention! The minimum wage and minimum hourly rate provisions will not apply to the harvest assistance agreement. Therefore, in terms of wages, such an agreement is exceptional. A farmer can set the salary of a seasonal worker independently, according to how he himself evaluates the performance of a certain job.

So, in order to work legally in seasonal jobs in Poland, you must:

Have a Polish work visa type D05a.
Get a seasonal work permit.
Sign the appropriate contract with the employer.

In the case of entering Poland for seasonal work, the period of 9 months starts from the day of crossing the border.

If a foreigner is already on the territory of Poland, the period of 9 months starts from the day of issuance of the seasonal work permit.

Quotas for the export of agricultural products in Poland for seasonal work are possible EXCLUSIVELY if there is a permit for seasonal work!
Please note, a foreigner can only work for the employer specified in the seasonal work permit!

Do you need to know Polish in order to work in seasonal jobs in Poland?

For most seasonal jobs in Poland, knowledge of the language is not mandatory. It is enough to know only a few standard phrases for everyday communication with Poles (for example, in a store) and, if necessary, professional terms (for example, on a construction site).

You don't even have to worry about having to sign an employment contract with the employer in Polish, where you may not understand or know about some important points, because according to the requirements, the employer will be obliged to provide you with a copy of the contract translated into understandable for your language

Category: Work

Tags: #Polish #Croatia