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Procedure for issuing a "seasonal worker permit"
The procedure for issuing a ” seasonal worker permit” complies with Directive 2014/36/EU on the entry and stay of third-country nationals for the purpose of employment as seasonal workers.
The permit is issued to third-country nationals applying for
a residence permit for seasonal work from 90 days
a residence permit for seasonal work from 90 days to 9 months in any 12-month period. These are persons
employed under an employment relationship within the meaning of the Labour Code by
a local employer.
“Seasonal worker” within the meaning of the labour migration and Labour Mobility Act is a third-country national who retains his main place of residence in a third country and resides legally and temporarily on the territory of the Republic of Bulgaria in order to perform seasonal work on the basis of one or more fixed-term employment contracts concluded directly with an employer whose seat is in the Republic of Bulgaria.
Conditions for access to the labour market.
The terms and conditions for access to the labour market are set out in art. 24K of the LDRB, as well as in Chapter Two “labour migration from third countries”, Section “General Provisions” and Section “seasonal employment” of the ldmtm. Access to the labour market is allowed for positions for which Bulgarian citizenship is not required by law: by list of economic sectors including activities, implementation which depends on the change of seasons, approved by the Minister of Labor and social policy.
The current list is approved by order RD-01-47/17. 01.2017 the Ministry of labour and social policy includes two sectors:
- agriculture, forestry and Fisheries;
- hotel and restaurant.
2.when the offered working conditions and pay are not less favourable than the conditions for Bulgarian citizens for the respective category of work;
3.when the foreigner has specialized knowledge, skills and professional experience necessary for the respective position, proven by legalized and translated documents in Bulgarian language;
4. the employer has provided the seasonal worker with adequate, meeting all safety and health requirements, housing until the expiry of the contract. For the use of the dwelling, the seasonal worker concludes a rental agreement, the rental price of the dwelling must be consistent with the remuneration received by the seasonal worker and with the quality of the dwelling;
5. the employer is obliged to cover at his own expense the transport costs from the place of origin of the seasonal worker to his workplace in the Republic of Bulgaria and vice versa, as well as the costs of compulsory health insurance and insurance of the seasonal worker. The rental price of Housing and transport costs cannot be deducted from the employee’s remuneration.
