The Polish labour market is changing dynamically, and demand for seasonal workers in certain periods of the year remains high. Since 1 June 2025 new rules on entrusting seasonal work to foreigners have applied, bringing significant changes to administrative procedures. Employing foreigners as seasonal workers has become one of the key elements in how many sectors of the economy operate, particularly agriculture, tourism and construction.
The new legislation streamlines the permit procedures - among other things, applications are filed only electronically (Article 8(2)-(3) of the Act), and an application for a seasonal work permit no longer has to be accompanied by the starosta's information on the local labour market (previously required by Article 88o(1)(2) of the Act on Employment Promotion and Labour Market Institutions) - and sets out precisely the conditions that both employers and foreigners applying for seasonal work must meet. These changes are intended to streamline administrative processes while ensuring adequate protection of workers' rights and control over the labour market.
The Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners in the territory of the Republic of Poland (Journal of Laws (Dz.U.) 2025, item 621, as amended) introduces comprehensive rules on seasonal employment. These provisions set out detailed permit procedures and the obligations of employers towards foreign seasonal workers
Current legal rules on seasonal work of foreigners
The basic legal act governing seasonal work permits for foreigners is the Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners in the territory of the Republic of Poland. The Act introduces detailed rules on all aspects of seasonal employment, from application procedures to working conditions.
Under Article 45(1) of the Act, a seasonal work permit may be issued only if certain legal and economic conditions are met. The first of these is that the entity entrusting work to the foreigner must be a Polish entity entrusting work to a foreigner, i.e. an entity with its registered office or permanent residence in Poland (Article 2(6) of the Act), which is intended to ensure proper control over the employment process and enforcement of the employer's obligations under Polish labour law.
The remuneration of a foreigner performing seasonal work may not be lower than that of employees performing work of a comparable type or in a comparable position with the same working time. This rule is intended to prevent pay discrimination and unfair competition on the labour market
An important element of the new rules is the precise definition of the types of activity in which a seasonal work permit may be issued. The provisions refer to a regulation of the Council of Ministers that lists specific subclasses of activity with a much higher demand for labour in certain periods of the year. This approach allows the rules to be adjusted flexibly to the changing needs of the economy while keeping control over the sectors in which seasonal employment is genuinely justified.
The maximum period of seasonal work by a foreigner is 9 months in a calendar year, which is a significant time limit intended to preserve the seasonal nature of the employment. This period is calculated in a specific way, depending on the legal basis of the foreigner's stay in Poland and how they entered the country.
A seasonal work permit is issued by the starosta (head of the district authority) competent for the registered office or permanent residence of the Polish entity entrusting work to the foreigner. The local competence of the authority follows directly from Article 46 of the Act, which reduces doubts as to where applications should be filed
Procedure for applying for a seasonal work permit
The application procedure for a seasonal work permit is regulated in detail in the new Act, which introduces clear rules on the content of the application and the required documents. An application for a seasonal work permit must contain all the information specified in Article 9 of the Act, including detailed information on the entity entrusting work to the foreigner and the personal data of the foreigner, as well as the additional information listed in Article 47. The application and documents are filed only through the ICT system of the public employment services (the praca.gov.pl portal); an application filed in any other way is left unexamined (Article 8(2)-(3)).
The applicant must provide complete information about the work offered, including a detailed description of the position, the terms of employment and the nature of the tasks. Another important element of the application is the date on which the foreigner entered the territory of the Schengen area and the current legal status of their stay in the Republic of Poland, together with the legal basis for that stay.
The application must contain a statement by the Polish entity entrusting work to the foreigner that it provides accommodation or confirmation that the foreigner arranges their own accommodation. This requirement is intended to ensure adequate living conditions for seasonal workers
A particularly important element of the application is information on the expected paid leave to which the foreigner is entitled (Article 47(3); a similar requirement already existed in the previous rules). This requirement underlines the need to ensure that foreign seasonal workers have full employee rights in line with Polish labour law.
The rules also provide (Article 48) for priority for applications concerning foreigners who at least once in the 5 years preceding the application worked for the given Polish entity entrusting work to a foreigner on the basis of a seasonal work permit. This rule applies only where the work will be performed under an employment contract, which is intended to promote stable employment relationships and reward worker loyalty.
- Preparing a complete application containing all the required information
- Filing the application with the required documents with the competent starosta electronically (praca.gov.pl)
- Waiting for the entry in the register of applications or for a decision
- Receiving the certificate of entry or an administrative decision
- Presenting documents confirming the foreigner's entry into Poland
- Issue of the final seasonal work permit
Register of applications and certificates of entry
The register of applications is a key element of the administrative procedure (already known from the previous rules), in which seasonal work permits are issued in two stages (Articles 50-51 of the Act). Where the foreigner named in the application will apply for a visa to work on the basis of a seasonal work permit or intends to enter Poland under the visa-free regime, the starosta enters the application in the register of applications and issues a certificate of entry. Contracts with seasonal staff, payroll and ZUS registrations are part of our HR and payroll services.
The certificate of entry contains detailed information needed to obtain a visa and later to perform seasonal work. The document specifies the details of the Polish entity entrusting work to the foreigner, the details of the foreigner, the place of seasonal work and the legal basis for the work. The certificate also contains information on working time, the minimum remuneration expressed as an hourly or monthly rate and the scope of the foreigner's basic duties.
The certificate of entry must specify the period or periods of seasonal work in individual calendar years entered in the register of applications and the date the application was entered in the register. This information is necessary to calculate the maximum 9-month period of seasonal work correctly
In cases that do not require explanatory proceedings, the starosta must make the entry in the register of applications and issue the certificate of entry or a refusal decision within 7 working days of the date a complete application is filed (Article 50(3)). The previous rules provided for the same time limit; it is intended to allow employers to recruit seasonal workers quickly.
In cases requiring explanatory proceedings, this time limit is extended to 30 days from the date a complete application is filed. If the application does not meet the legal requirements, the starosta must call on the applicant to remedy the formal deficiencies within no more than 7 days of the date the application is filed.
The certificate of entry contains information on the rules of entry and stay for foreigners performing seasonal work and their rights and obligations relating to access to the Polish labour market. The document also contains information on the right to compensation if the seasonal work permit is revoked
Conditions for lawful seasonal work
The rules contain precise provisions on the moment from which the foreigner's work on the terms set out in the application for a seasonal work permit is considered lawful. For foreigners staying in Poland on the basis of a document other than a visa issued for seasonal work or under the visa-free regime, the work is considered lawful from the date of filing an application without formal deficiencies (Article 49 of the Act).
The period of lawful work in this mode is limited to 30 days and lasts until the date the starosta's decision on the seasonal work permit is delivered. This solution is intended to allow work to start immediately where the foreigner is already staying lawfully in Poland, while maintaining administrative control over the employment process.
Regardless of the mode, before the foreigner is allowed to work, a contract must be concluded with them in written form; if the contract is drawn up in Polish and the foreigner does not speak Polish, before it is signed they must be given its content in writing in a version they understand (Article 5(1)-(2)). The contract (a copy of the contract) in Polish is sent to the starosta through the ICT system before work is entrusted, and for a harvest help contract (umowa o pomocy przy zbiorach) - within 7 days of entrusting the work (Article 17(1)(2)). The document alone is not enough if no work is actually done — in that case it may be challenged as a sham employment contract.
| Basis of stay | Moment lawful work starts | Maximum period | Required documents |
|---|---|---|---|
| Documents other than a seasonal visa | Date the application is filed | 30 days | Application without formal deficiencies |
| Seasonal visa | After the statement is presented | Until the starosta's decision | Statement + copy of the document |
| Visa-free regime | After the statement is presented | Until the starosta's decision | Statement + border stamp |
For foreigners entering Poland on the basis of a visa issued for seasonal work or under the visa-free regime, the work is considered lawful from the date the Polish entity entrusting work to the foreigner presents the relevant statement that the foreigner has reported for work, together with the required documents confirming entry (Article 51(1) and (3)). With a larger workforce, duties towards whistleblowers also come into play, including an internal whistleblowing procedure.
The statement that the foreigner has reported for work must contain the details of the Polish entity entrusting the work, the foreigner's details, information on their stay in Poland, the accommodation address and the period of seasonal work. This document is the basis for considering the work lawful
The rules also provide a special solution where the foreigner's first day of work falls on a day when the office is closed. In such cases, work on the terms set out in the certificate of entry is also considered lawful if, on the first working day of the office, the Polish entity entrusting work to the foreigner presented the required documents to the competent starosta.
- Filing a complete application without formal deficiencies
- Presenting the statement that the foreigner has reported for work
- Attaching a copy of the travel document with the relevant visa
- Confirming the date of entry into the territory of the Schengen area
- Specifying the foreigner's accommodation address in Poland
- Specifying the period of seasonal work
Procedure for issuing a seasonal work permit
The final seasonal work permit is issued once all the formal conditions have been met and the Polish entity entrusting work to the foreigner has presented the required documents confirming the foreigner's entry into Poland. The procedure has been designed to allow efficient control of the employment process while minimising the administrative burden for employers.
A seasonal work permit is issued for a fixed period, which may not exceed 9 months in a calendar year. The way this period is calculated depends on the legal basis of the foreigner's stay in Poland. For foreigners who entered Poland on the basis of a visa issued for seasonal work or under the visa-free regime, the 9-month period is counted from the date of the foreigner's first entry into the territory of the Schengen area in the given calendar year after the certificate of entry was issued.
For foreigners staying in Poland on a basis other than a seasonal visa or the visa-free regime, the permit may be issued for the period of lawful stay, but for no more than 9 months in a calendar year. This period is counted together with the periods specified in seasonal work permits previously issued
The seasonal work permit contains detailed information needed for the work to be performed correctly and for inspection by the relevant authorities. The document specifies the details of the Polish entity entrusting work to the foreigner, the details of the foreigner, the working time for an employment contract or the number of working hours per month or week for a civil-law contract. The permit also contains information on the minimum remuneration expressed as an hourly or monthly rate, the legal basis for the work and the validity period of the permit.
Where the permit is to cover the foreigner's work as a temporary worker, the document must name the user employer, which is intended to ensure transparent legal relationships and proper control over working conditions in this specific mode.
A practical example: a Polish company engaged in agricultural production plans to employ foreigners for a 4-month strawberry harvest. The company files an application for a seasonal work permit in February and receives a certificate of entry, which allows the foreigners to obtain a seasonal visa. After the workers arrive in May, the company presents the statement that the foreigners have reported for work, and the starosta issues the final seasonal work permit for the period from May to August.
Discontinuation of proceedings and cancellation of the entry
The rules provide for automatic discontinuation of proceedings for a seasonal work permit where the Polish entity entrusting work to the foreigner has not presented the statement that the foreigner has reported for work in time. The proceedings are discontinued by operation of law after 90 days from the start date of work specified in the entry in the register of applications or upon expiry of the end date of work specified in the entry in the register of applications.
This solution is intended to ensure efficient use of administrative resources and to eliminate cases in which permits are issued but not actually used. Automatic discontinuation of proceedings takes place without the need for an additional administrative decision, which simplifies procedures and reduces red tape. Contribution matters have their own, quite different procedures, such as writing off ZUS contribution debts.
If proceedings for a seasonal work permit are discontinued, the entry in the register of applications is cancelled by operation of law. This means that the certificate of entry loses its validity and cannot be the basis for obtaining a seasonal visa or performing work
The rules do not provide for reopening proceedings after they have been discontinued by operation of law, which means that if the same foreigner needs to be employed, a new application for a seasonal work permit will have to be filed. This solution is intended to keep the information in the register of applications up to date and to eliminate cases of outdated permits being used.
The system of automatic discontinuation of proceedings has been designed to take account of various practical scenarios that may arise during the employment process. Discontinuation may occur both where the foreigner does not come to Poland at all and where they arrive but, for various reasons, do not start work with the given employer.
Extension of a seasonal work permit
The rules provide (Article 58 of the Act) flexible solutions for extending seasonal work permits, allowing employment to continue within the maximum 9-month period in a calendar year. An extension may concern both the continuation of seasonal work by the foreigner for the same entity entrusting the work and seasonal work for another Polish employing entity.
The condition for extending the permit is that the foreigner entered Poland on the basis of a visa issued for seasonal work or under the visa-free regime in connection with an application for a seasonal work permit entered in the register of applications. This restriction is intended to ensure the consistency of the system and to eliminate abuses involving the use of different legal bases of stay.
An extension of the permit is issued for a period which, together with the foreigner's stay for seasonal work counted from the date of first entry into the territory of the Schengen area in the given calendar year, does not exceed 9 months. This rule ensures compliance with the maximum period of seasonal work
The rules on issuing a seasonal work permit apply accordingly to the extension procedure, which means that the process is, as a rule, subject to the same formal and procedural requirements (Article 58(7)). However, Article 50 of the Act does not apply to an extension application (Article 58(8)), i.e. the rules on entry in the register of applications and the related time limits of 7 working days and 30 days.
The rules provide a special solution where the Polish entity entrusting work to the foreigner on the basis of a seasonal work permit has applied for an extension of that permit for the same foreigner. In such cases, if the application has no formal deficiencies or the deficiencies were remedied in time, the foreigner's work on the terms set out in the permit is considered lawful from the date the application is filed until the date on which the decision on the extension becomes final.
- Filing the application for an extension before the permit expires
- The starosta checking that the formal conditions are met
- Verifying that the maximum 9-month period is not exceeded
- Issue of a decision to extend or to refuse the extension
- Continuation of lawful work if the decision is positive
Special cases of extending permits
The rules also contain special provisions on extending permits when the employer changes. If the application for an extension of a seasonal work permit was filed by a Polish entity entrusting work to the foreigner that did not entrust work to that foreigner on the basis of a seasonal work permit in the period immediately preceding the date of the application, the foreigner's work on the terms set out in the application or on more favourable terms is considered lawful until the date the starosta's decision is delivered, but for no longer than 30 days from the date the application is filed.
This solution is intended to allow foreigners to move smoothly between employers within the same season, while maintaining administrative control over the employment process. The 30-day time limit is intended to prevent abuse and to ensure that applications are examined quickly by the authorities.
The rules provide a special solution for moving from a harvest help contract to another contract with the same employer. In such cases, if the other conditions of work set out in the permit do not change, the rules on lawful work while waiting for a decision apply
The starosta must refuse to initiate proceedings for an extension of a seasonal work permit where the foreigner is staying in Poland on the basis of a document other than a visa issued for seasonal work or under the visa-free regime unrelated to an application entered in the register of applications. This restriction is intended to ensure the consistency of the system and to eliminate cases of circumventing the rules by using different legal bases of stay.
Periods during which proceedings are suspended at a party's request do not count as periods of lawful work (Article 51(3) and Article 58(4)), which means that while proceedings are suspended at the applicant's initiative, the foreigner's work is not considered lawful under these provisions. This solution is intended to prevent abuse and ensure that the administrative system works efficiently.
Compensation if the permit is revoked
The rules provide (as did the previous rules) important protection for foreigners in the form of a right to compensation if the seasonal work permit is revoked for reasons attributable to the entity entrusting the work. Under Article 60(3) of the Act, where the permit was revoked because that entity was finally punished or convicted for certain petty offences and crimes (Article 13(1)(1)(c)-(g)) or does not conduct activity justifying entrusting the work (Article 22(1)(8)), the foreigner is entitled to compensation from the Polish entity entrusting work to the foreigner for failure to perform the obligations that the entity would have had to perform had the seasonal work permit not been revoked.
This rule is intended to protect the interests of foreigners who incurred costs of travelling to Poland and preparing for seasonal work and then, for reasons beyond their control, cannot do that work. The Act links compensation to the failure to perform the obligations that the entity entrusting the work would have had to perform had the permit not been revoked.
Information on the right to compensation must be included in the certificate of entry, so that foreigners are informed of their rights already at the stage of applying for a seasonal visa. This solution increases the transparency of the system and provides adequate protection of workers' rights
The amount of compensation should correspond to the actual losses suffered by the foreigner as a result of the permit being revoked, although the rules do not set out detailed principles for calculating this amount. In practice, this means that the amount of compensation will be determined individually in each case, taking into account the specific circumstances of the case and the documented losses.
The right to compensation is an important element of the system protecting the rights of foreigners performing seasonal work and places additional responsibility on employers, which may help increase diligence in planning seasonal employment and in complying with the obligations arising from work permits.
