Seasonal Workers from non-EU Countries
If you employ seasonal workers who do not have an EU or EFTA country passport (“third-country nationals”), there are specific EU rules on their entry and stay in the EU that you should be aware of.
These rules ensure that your seasonal workers have access to adequate accommodation, fair working conditions, and equal treatment with nationals in terms of employment and other rights. There are also measures and mechanisms to prevent abuse, labour rights infringements and exploitation through monitoring and inspections, complaint mechanisms, sanctions as well as incentives to make sure seasonal workers do not stay longer than authorised.
Warning
EU rules on seasonal workers do not apply in Denmark and Ireland. These countries have national legislation in place covering work permits and protective measures for seasonal workers.EU rules allow third-country nationals who reside outside the EU to enter and stay in the EU for seasonal work for a period of up to nine months within any 12-month period.
You, or in some cases the seasonal worker, must apply for a work permit or seasonal work authorisation.
The application must include:
- the worker’s valid passport or travel document
- proof of health insurance
- the contract or job offer.
The contract or job offer must include at the least:
- information on the place and type of work
- the duration of the employment,
- the salary you will pay
- the working hours per week or month
- the amount of any paid leave
Evidence that your workers will have adequate accommodation must also be provided. The authorities then have 90 days to decide on your application.
Always check the specific requirements of the application procedure with your national authorities.
Warning
These rules do not apply to third-country nationals such as long-term residents who are already legally residing in an EU country and have the right to work. In these cases, you should ensure that the candidate has or receives a valid authorisation to stay and work for you and follow the standard hiring procedures for all employees.Employment conditions
You must provide your seasonal workers with working conditions, including pay and hours, comparable to those of national workers in the same position. This includes adherence to labour laws concerning minimum wage, working hours, any paid leave or holidays, and health and safety standards at the workplace.
Sample story
Same conditions for all employees
Lina, a national from Moldova (which is not part of the EU or EFTA), is employed as a seasonal worker in a large department store in Germany during the holiday rush. She works with Klaus, a German worker, in the store’s toy department. Both employees receive the same hourly wage, and during the busy holiday season, they are both entitled to additional holiday pay for any extra hours worked, as per German labour laws. They also receive the same health and safety protections, regular breaks, and meal allowances.
Your seasonal workers are also entitled to equal treatment with nationals in terms of social security benefits particularly concerning sickness, maternity, pensions, and accidents at work. As an employer you must adhere to social security legislation and tax law in this regard and pay the necessary social security contributions and taxes.
Sample story
Same social security benefits for all employees
Eloi, a seasonal worker at a vineyard in France, injures his hand while operating a grape-harvesting machine. Under French social security laws, he is entitled to the same accident insurance benefits as French nationals. This includes coverage for medical expenses, rehabilitation, and compensation for any loss of earnings during his recovery period.
Adequate accommodation
Your third-country seasonal workers must have adequate accommodation throughout the period of their stay. You can either arrange the accommodation yourself or verify that the workers arrange it and provide evidence of adequate accommodation with their application.
If you arrange the accommodation yourself, you must provide the seasonal worker with a rental contract or equivalent document in which the rental conditions are clearly stated. The rent that the seasonal worker pays may not be excessive compared with their net salary and compared with the quality of the accommodation. The rent may not be automatically deducted from the worker’s wage.
Accommodation is adequate, if it ensures an adequate standard of living according to national law for housing and meets the general health and safety standards. Adequate accommodation for seasonal workers entails providing safe, clean, and comfortable living spaces that have a minimum size, meet basic needs such as heating, sanitation, and privacy. This includes ensuring that the accommodation is not overcrowded, has proper ventilation, and is located within a reasonable distance from the workplace. Amenities like cooking facilities, running water, and secure storage for personal belongings are also important.
Warning
You should always check with national authorities to ensure compliance with specific local regulations and standards, as these vary by country and region.Sample story
Adequate housing
A large vineyard in Spain employs seasonal workers for the grape harvest. The vineyard provides an on-site dormitory with shared rooms. Each room houses no more than four workers, has individual beds, lockers for personal belongings, and is equipped with a shared bathroom and kitchen facilities. The dormitory is cleaned weekly, and all utilities are included at no extra cost. It meets the Spanish minimum standards for adequate housing as well as the general health and safety standards.
Sample story
Reasonable rent
A hotel in the Italian Alps hires additional staff for the winter season. The hotel rents nearby apartments for its workers, ensuring each apartment is fully furnished with a bedroom, living area, kitchen, and bathroom. The cost of the accommodation is partially subsidised by the hotel. The rent to be paid by the workers is reasonable compared to their net salary and the quality of the accommodation. The apartments are within walking distance of the hotel, and the workers are provided with contact information for maintenance and emergency services. All workers receive a rental contract, and the rent is not automatically deducted from their salaries.
Inspections
National authorities are obliged to monitor your compliance with the rules. You must keep records to demonstrate that the employment contracts and working conditions comply with EU rules and national labour laws, and that third-country seasonal workers are treated equally with national seasonal workers.
If you arrange the accommodation, you must be able to demonstrate that the seasonal workers have adequate accommodation. Inspectors must be granted access to both the workplace and the accommodation.
If you do not follow the rules, the seasonal work authorisations may be withdrawn, and you could face financial penalties and even a ban on hiring third-country nationals in the future.
Prolongation of stay and re-employment
Seasonal workers are entitled to a prolongation of their seasonal work authorization with you or a different employer if the overall working period does not exceed the maximum period of five to nine months (depending on the Member State) and if they comply with the conditions for the prolongation.
After the end of the employment period, third-country seasonal workers must leave the EU. It is not possible to request an extension beyond the 5- to 9-month limit within the same 12-month period. You can re-employ the same seasonal worker for subsequent seasons, with no specific limit on the number of re-employments, provided each employment period adheres to the 5- to 9-month limit in any 12-month period and the workers comply with law during their stay and return to their home countries in between seasons.
EU rules encourage the re-employment of third country seasonal workers so check with your national authorities on what possibilities there are to make the process easier.
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See also:
European Labour Authority: Information for seasonal workers and employers
European Commission: EU immigration portal