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.