Seasonal workers – what do you need to know and how to hire them?
Many Polish companies operate in industries that are characterized by high seasonality. This means that staff shortages occur only at certain times of the year. This is the case, among others, in agriculture, tourism, hospitality, gardening, gastronomy and the construction industry. For this reason, it is not profitable for an entrepreneur to maintain a wide staff of employees for 12 months, and any problems with the lack of workforce are then solved by seasonal workers, if they are sufficiently available on the local labor market. Candidates for seasonal work are usually people interested in this form of employment, and the help of a temporary employment agency is very often useful in their recruitment.
What exactly is seasonal work in the light of Polish law? How to find candidates for seasonal work and why do entrepreneurs often use the help of an employment agency in this regard? How to find seasonal workers from abroad and complete all the formalities related to their employment? Does seasonal work count towards retirement? We explain!
Who is a seasonal worker?
Seasonal workers, including workers from the East and Ukraine, have been present on the Polish market for years. Although Polish law does not fully define what seasonal work is, it is easy to guess that it applies to employees employed in industries such as agriculture, gastronomy, tourism or hospitality, where the increased demand for workforce appears only temporarily at selected times of the year. In such cases, entrepreneurs offer seasonal work to interested candidates.
A seasonal worker is a person employed in the aforementioned sectors as part of temporary work, which results from seasonality, i.e. the dependence of work on the season and external factors to which it adapts. In terms of seasonal work, one can only find the Supreme Court judgment from 1986, which mentions seasonality, season and weather conditions. In addition, seasonal work is provided for in the Act on the Employment of Temporary Workers. Seasonal work is one of the main reasons for hiring employees as part of temporary work.
How to hire a seasonal worker?
Seasonal workers can be employed by employers on various terms, which include, among others, a fixed-term employment contract or civil law contracts, such as a contract of mandate. The employee and the employer want to take advantage of the most attractive form of employment for both parties.
In the case of a fixed-term employment contract under Polish law, the employer is obliged to hire an employee for an indefinite period if the total duration of the contracts exceeds 33 months or three consecutive contracts are signed. However, this provision does not apply to seasonal workers. Seasonal work is treated differently in Polish law – in this case, the employer is not obliged to present the employee with a permanent contract.
Hiring seasonal workers on the basis of a civil law contract is also quite a popular solution. However, it should be remembered that a contract of mandate is also not an ideal form of cooperation for seasonal work, because the conditions of work performed are then not subject to the Labor Code, but to the Civil Code, and the employee is not obligatorily protected by health insurance and employee rights.
Employment of seasonal workers through an employment agency
Seasonal workers are now very often employed by the employer through a temporary employment agency. Temporary work rules are perfect when the employer operates seasonally, in an industry such as agriculture or gastronomy, as well as in tourism. The use of this solution pays off for all parties, because the increased demand for manpower can be met quickly.
Throughout the employment relationship, seasonal employees remain employed by the agency, which is why the company saves on servicing seasonal employees in terms of HR and payroll. Also, the formalities related to the start of work are on the side of the agency, which prepares the relevant documents. Seasonal workers, on the other hand, are people who care most about such work, because they are not currently looking for permanent employment due to various responsibilities. With the help of a temporary employment agency, you can also employ a foreigner.
Employment of seasonal workers from Ukraine
Hiring workers from Ukraine as seasonal workers has recently become easier. It is carried out on simplified terms, but no longer requires a type S permit. Therefore, there are no obstacles during employment, as long as Ukrainian candidates have a certificate of legal permanent or temporary residence or came to Polish after February 24, 2022.
Who issues a seasonal work permit?
However, there are still a few formalities that the employer must keep in mind. The employer is obliged to report to the district labour office about newly employed people from Ukraine within 14 days. For those who came to Polish after 24 February, this is the only way to report employment, also in the case of seasonal work. Regardless of the formalities and the fact that a special permit is not necessary, hiring seasonal workers from Ukraine through an employment agency may be the most convenient solution for the employer.
Does seasonal work in Poland count towards retirement?
Seasonal workers employed under an employment contract, contract of mandate, as well as those employed by a temporary employment agency, are entitled, like full-time employees, to the same rights – including the right to leave and remuneration as full-time employees. Seasonal work obliges the employer (usually an agency) to pay full social security contributions, including pension, disability and health contributions. Therefore, seasonal work counts towards the pension, unless it is performed on the basis of a contract for specific work.
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