31.03.2020 – Work under a seasonal work permit

/in /by

A different type of permit than those described here:

is a seasonal work permit (S-type). Such permit may be obtained if the foreigner is going to perform work in Poland within the scope of activities specified in the Regulation on subclasses of activities according to PKD (Polish Classification of Activity), in which seasonal work permits for foreigners are issued: http://isip.sejm.gov.pl/isap.nsf/download.xsp/WDU20190001845/O/D20191845.pdf. Seasonal work is usually undertaken in agriculture, horticulture or tourism.

A seasonal work permit is issued by a starost (in practice by the labour office) for a fixed period of time, which may not be longer than 9 months in a calendar year. This period is counted from the date of the first entry of a foreigner into the territory of Schengen States in a given calendar year, whereas in the case of a foreigner staying on the territory of the Republic of Poland, this period is counted together with the periods specified in previously issued seasonal work permits for this foreigner.

When submitting an application for a work permit for a foreigner, the employer is also obliged to include the information of a starost about the inability to meet the personnel needs, i.e. results of the so-called “labour market test”. Such information is not required if the performance of work is entrusted to foreigners – citizens of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine. In this procedure the employer pays a charge in the amount of PLN 30.

If an application for a seasonal work permit has been entered in the register of applications, the seasonal work permit shall be issued if the employer has presented it to the relevant starost:

  • copy of a valid document entitling the foreigner to stay on the territory of the Republic of Poland,
  • information about the accommodation address of the foreigner during their stay in the territory of the Republic of Poland.

The permit shall be issued in a paper form and shall contain information about the employer, the lowest remuneration of the foreigner, the working time or the number of hours of work per week or month, the type of contract being the basis for performing work and the period of validity of the permit. If the permit concerns work of a foreigner as a temporary employee (in the case of employment by a temporary employment agency), the work permit shall also specify the employer-user.