Performing seasonal work

Detailed explanation

The right to perform seasonal work is granted at the request of the employer in the form of an administrative decision issued by the starost, competent for the seat or place of their residence. Appeal proceedings in cases of issuing seasonal work permits are conducted by the Department of Labour Market in the Ministry of Development, Labour and Technology (MRPiT).

Apply for a seasonal work permit at the District Labour Office or online via the praca.gov.pl portal. It is also possible to send the application by post.

A foreigner may not commence seasonal work until they have received a permit unless they are exempt from the need to have one.

In the case of citizens of Armenia, Belarus, Georgia, Moldova, Russia, or Ukraine, it is not necessary to attach information from the starost about the inability to meet the staffing needs of the employer on the local labour market (the so-called labour market test is not carried out).

The procedure for issuing a seasonal work permit varies depending on whether:

• the foreigner is already in Poland and has a residence title enabling them to work in Poland (e.g., they are in visa-free regime, but entered for a purpose other than seasonal work or has a visa – with the exception of visas issued for the purposes of tourist (01) or temporary protection (20),

• whether they will apply for entry to Poland - on the basis of a visa to perform seasonal work (D/05a), or as part of the visa-free regime in connection with seasonal work.

If the foreigner is already in Poland:

• the starost, after verification of the application, will issue (at least after 7 days) a seasonal work permit or refuse to issue it; od refusal decision the employer may appeal;

• a foreigner may take up work after the permit has been issued and up to 30 days while waiting for the permit to be issued.

If the foreigner is abroad:

• the employer will apply for a seasonal work permit

• starost entry with the application in the register of applications for seasonal work – if the relevant conditions are met (- or refuses to issue a seasonal work permit. The employer may appeal against the negative decision.)

• the starost will issue the employer with a certificate of entry

• the employer gives this certificate to the foreigner

• the foreigner presents the certificate to the consul when applying for a visa for the purpose of performing seasonal work and on the basis of the issued visa enters Poland, alternatively they present it at the entrance to Poland as a confirmation of the purpose of entry in visa-free regime

• within 120 days of issuing the certificate, the employer informs the starost about the foreigner's entry into Poland, presents a copy of the foreigner's passport and provides the foreigner's address of residence in Poland. From that moment, while awaiting the issuance of the permit, the foreigner may work – under the conditions specified in the certificate.

• the starost issues a seasonal work permit or refuses to issue it. The employer may appeal against the negative decision.

• if more than 120 days have ever passed since the date of issue of the certificate, the starost discontinues the proceedings for issuing the permit.

A seasonal work permit is issued for a fixed period, which may not be longer than 9 months in a calendar year.

A seasonal work permit is issued toa specific foreigner and specifies the conditions for performing seasonal work by them.

It is possible for the employer to obtain the so-called multi-season permit.

Foreigners who entered Poland on the basis of a visa issued for the purpose of performing seasonal work (D/05a) or as part of the visa-free regime, in connection with an application for a seasonal work permit entered in the register of applications for seasonal work, may apply for a temporary residence permit due to seasonal work.

For more information about seasonal work, head to the Public Employment Services Vortal or the biznes.gov.pl portal. Further information can be obtained from the District Labour Offices and from the Labour Market Department at the Ministry of Development, Labour and Technology.

Remember!

• Voivodes do not issue seasonal work permits, these permits are granted by starosts, and in appeal proceedings – the minister competent for labour (MRPiT). Seasonal work permits are issued at the request of the entity entrusting seasonal work – and not at the request of a foreigner.

  For information on seasonal work permits, refer to the Labour Market Department at the Ministry of Development, Labour and Technology or the District Labour Office.

• Voivodes grant temporary residence permits due to seasonal work. In appeal proceedings, temporary residence permits due to seasonal work are granted by the Head of the Office for Foreigners. These permits are granted at the request of a foreigner. Refer to the voivode or the Head of the Office for Foreigners only in the scope of information regarding the temporary residence permit. For information on seasonal work, always turn to entities that grant seasonal work permits.