Performing seasonal work

Introduction

Seasonal work is work performed for a period not longer than 9 months in a calendar year, in sectors such as: agriculture, horticulture, tourism, as part of activities recognized as seasonal, and specified in the Annex to the Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 on subclasses of activities according to Poland Classification of Activities (PKD), in which they are issued seasonal work permit for a foreigner.

These are selected activities in the field of agricultural cultivation and animal husbandry, as well as accommodation and catering services (25 subclasses in section A: agriculture, forestry, hunting and fishing and 4 subclasses in section I: activities related to accommodation and catering services).

The basis for the performance of such work must be a contract with an entity whose registered office or place of residence or branch/establishment/other form of organized activity is located in the territory of Poland.

In the case of third-country nationals and stateless persons, this law requires a special work permit issued by the starost at the request of the employer (type S) – seasonal work permit, unless the foreigner is exempt from the need to have a work permit and cannot be carried out on the basis of a declaration on the basis of a declaration to the register of declarations. The regulations provide for certain facilitations regarding the performance of seasonal work by citizens of Armenia, Belarus, Georgia, Moldova, Russia, and Ukraine.

Seasonal work may not be performed under a temporary residence and work permit, which is a general permit granted for the purpose of performing work in Poland. If such permit is applied for in the case of seasonal work, the permit procedure shall not be initiated.