Hiring Seasonal Workers from Abroad: What the Employer Needs to Know

The summer season in Burgas and along the Black Sea coast presents many employers with the same question: how to secure sufficient staff for hotels, restaurants, tourist establishments, shops, and seasonal services. Increasingly, part of the solution lies in hiring seasonal workers from abroad.

The short answer is: an employer cannot simply invite a worker from abroad and allow them to start work. It is necessary first to check whether the person is a citizen of the EU or of a third country, which regime applies, whether registration or a permit for a seasonal worker is required, what documents must be submitted, and when the worker may lawfully begin work in practice.

If you are planning seasonal employment, it is advisable to consider employment law, the immigration regime, and the organisation of the business together. If you require advice, you may review the pages Employment Law and Legal Services in Burgas.

When are we dealing with seasonal employment?

Seasonal employment exists where the work is connected with a particular period of the year and with a temporary need for staff. Along the Black Sea coast, this most often relates to hospitality, restaurants, tourism, retail, servicing tourist establishments, cleaning, kitchen work, reception, entertainment, transport, and other activities that intensify during the summer months.

The seasonal nature of the work does not mean that the rules are lighter. On the contrary, with shorter timeframes and a dynamic organisation of work, the risk of omissions is higher. For that reason, the employer should plan the procedure sufficiently early.

Workers from the EU and workers from third countries — why is there a difference?

The first important question is whether the worker is a citizen of a Member State of the European Union or a citizen of a third country. The regime is different.

For EU citizens, access to the labour market is significantly easier. For third-country nationals, however, special rules apply regarding access to the labour market, residence, and work in Bulgaria.

It is precisely in relation to workers from third countries that the employer must carefully check whether the applicable regime is one for short-term seasonal work of up to 90 days or a procedure for a seasonal worker permit for a longer period.

Seasonal work of up to 90 days

For seasonal work of up to 90 days without interruption within each 12-month period, a registration regime before the Employment Agency applies. According to the official information of the Employment Agency, the registration is carried out on the basis of a declaration submitted by the employer and provided that the foreign national holds a valid visa for the purposes of seasonal work where such a visa is required.

This regime may be suitable for a short summer engagement, but it should not be used mechanically. The employer must assess whether the actual need is for up to 90 days, whether the worker will reside lawfully, and whether all documents have been submitted before the commencement of work.

Seasonal work from 90 days to 9 months

Where the seasonal work is for a longer period, the usual route is a procedure for a seasonal worker permit. The Employment Agency states that the residence and work permit of the type “Seasonal Worker Permit” is issued by the Ministry of the Interior in accordance with the Foreigners in the Republic of Bulgaria Act.

This regime is more complex and requires better planning. The employer must allow time for the preparation of documents, coordination with the worker, submission of the application, waiting for a decision, and the worker’s actual arrival in Bulgaria.

The Ministry of the Interior also maintains information and checklists for residence and work permits, including the procedure for issuing a seasonal worker permit.

When may the worker begin work?

One of the riskiest mistakes is for the foreign worker to begin work before all requirements have been fulfilled. In the case of seasonal employment involving third-country nationals, it is not enough for the parties merely to have reached an agreement and for there to be a promise of work.

Before the actual commencement of work, it must be clear whether the necessary registration or permit is in place, whether the worker has the right to reside and work in Bulgaria, whether an employment contract has been concluded, and whether the notification requirements to the competent authorities have been met.

If the employer allows a person to start work without proper documentation, this may lead to sanctions under both employment and immigration legislation.

What should the employment contract contain?

The employment contract with a seasonal worker must be clear, specific, and aligned with the actual work. It should regulate the position, place of work, duration, remuneration, working hours, rest periods, duties, working conditions, and the other essential elements.

It is particularly important that the contract is not used merely as a formal document for the purposes of the procedure. It must reflect the actual organisation of work. If the worker is engaged as an assistant cook, chambermaid, waiter, receptionist, or general worker, their actual duties should correspond to the agreed position.

In seasonal establishments, issues often arise concerning overtime, shifts, rest periods, night work, and demanding schedules. These matters should be addressed in advance in order to reduce the risk of a dispute or sanction in the event of an inspection by the Labour Inspectorate.

Accommodation, address, and conditions of residence

When hiring seasonal workers from abroad, the employer often provides or assists with accommodation. This also needs to be well organised. Depending on the procedure, information may be required regarding the address of residence, the accommodation conditions, and the relationship with the employer.

If accommodation forms part of the arrangement, it is advisable to clarify whether it is free of charge, whether sums are deducted, who bears the utility costs, what the rules of use are, and what happens upon termination of the employment contract.

Lack of clarity regarding accommodation may lead to employment disputes, tension with staff, and difficulties in the event of an institutional inspection.

What are the most common mistakes made by employers?

The most common mistake is for the procedure to begin too late. The employer already needs staff, the season has begun, but the documents are still not ready. This creates pressure and a risk of hasty decisions.

Another common mistake is to assume that all foreign workers fall under the same regime. The distinction between EU citizens and third-country nationals is substantial. There is also a difference between short-term seasonal work and a longer seasonal stay.

Problems also arise where the position stated in the contract does not correspond to the actual work, where the worker begins before the procedure has been completed, where the rotas are not in order, or where the employer does not have documents relating to working hours and rest periods.

Inspections by the Labour Inspectorate and other authorities

Seasonal business is subject to intensified control during the summer months. During an inspection, employment contracts, notifications, rotas, working time records, documents relating to foreign workers, permits, registrations, and evidence of working conditions may be required.

If the business has already undergone inspections or expects an intensive season, it is sensible to review its documents in advance. More about responding to inspections can be found in the article on inspection by the National Revenue Agency or the Labour Inspectorate, as well as on the page Employment Law.

When is the seasonal work regime not appropriate?

The seasonal work regime is not a universal solution for every case of hiring a foreign national. If the position is not seasonal, if the work is for a longer-term period, if it concerns a highly qualified specialist, or another type of employment, a different regime may be required.

For example, in the case of highly qualified employment, a different procedure may need to be considered, including a regime connected with the EU Blue Card. If this topic is relevant to your business, you may also read the article EU Blue Card in Bulgaria.

How should the employer prepare?

The best preparation begins with a plan. The employer should know how many workers are needed, for which positions, for what period, from which countries, at what remuneration, and under what working and accommodation conditions.

After that, the applicable regime should be checked — up to 90 days or from 90 days to 9 months, as well as whether visas, permits, registrations, or additional documents are required. It is advisable to prepare draft employment contracts, internal rules, rotas, and working time records.

If the business operates through a company, has several premises, or plans a broader expansion of its workforce, a consultation in the field of commercial and corporate law may also be useful.

When is it advisable to consult a solicitor?

Legal advice is recommended if you are hiring workers from abroad for the first time, if the workers are from third countries, if the period of work is close to or exceeds 90 days, if you will be providing accommodation, if intermediaries are involved, if the business has previously been inspected, or if it is unclear which regime applies.

Solicitors’ assistance may include assessment of the applicable regime, review of documents, assistance in preparing employment contracts, communication on legal issues, and evaluation of the risks in the event of inspections.

For a specific matter, you may contact the firm through the page Contacts or review further information about the legal services in Burgas provided.

Conclusion: Hiring seasonal workers from abroad can be very useful for businesses in Burgas and along the Black Sea coast, but it requires timely preparation. Check the regime, the documents, the duration, the employment contract, and the right to work before the person begins. In seasonal employment, the greatest risk is acting at the last possible moment.