Seasonal work in Bulgaria: what you need to know

The term “seasonal worker” refers to a citizen of a third country (i.e. one that is not part of the EU) who legally stays temporarily on the territory of Bulgaria for the purpose of performing seasonal work on the basis of a fixed-term employment contract (one or several) concluded with a Bulgarian employer. “Seasonal work” is defined by law as work that depends on the change of seasons and is linked to periods when Bulgaria is short of labour and requires more workers than usual.

Foreigners may take up seasonal work in Bulgaria for a period from 90 days to 9 months within a calendar year. Employment requires a permit issued by the Ministry of Interior of Bulgaria. It contains the decision on access to the Bulgarian labour market issued by the executive director of the Employment Agency.

The seasonal worker permit is issued in accordance with Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.

Conditions for taking up seasonal work in Bulgaria

According to the list approved by the Minister of Labour and Social Policy, foreigners from third countries are allowed to take up seasonal work only in certain fields. These are:

• agriculture;
• forestry;
• fisheries;
• the hotel business;
• the restaurant business.

Other conditions must also be met:

• The working conditions and pay for seasonal workers must be no worse than for Bulgarian citizens working in similar positions.
• Foreigners must have the special knowledge, skills and professional experience required for work in the relevant position. Documents that have been legalised and translated into Bulgarian serve as proof.
• The employer must provide the seasonal worker with suitable accommodation until the end of the term of the employment contract. It must be safe and meet a number of requirements. The seasonal worker concludes a rental agreement for this accommodation, and the rent must correspond to the worker’s wage and the quality of the housing.
• The employer is obliged to pay at its own expense for the seasonal worker’s travel to the workplace in Bulgaria and back, as well as the costs of the worker’s compulsory insurance. The cost of the accommodation rent and the travel expenses must not be deducted from the worker’s wage.
• Before entering the country, the foreigner must obtain a permit from the Employment Agency.

Required documents

The employer handles the processing of permits for seasonal workers. At least 15 days before the intended start of work, it must submit the following documents to the central administration of the Employment Agency:

• An application in the standard form.
• A justification. In this document the employer states the circumstances that compel it to hire foreign workers; it explains why it does not employ Bulgarian citizens or foreigners with equivalent rights and the necessary profession, speciality or qualification. Copies of advertisements in local media, on the internet, etc. do not need to be attached to the justification.
• Documents on the education, speciality, qualification and experience of the foreign worker, translated into Bulgarian and legalised. The documents must meet the requirements of the position the worker is applying for.
• A declaration by the employer that the requirements regarding working conditions and pay have been met. The declaration must state the name of the specific foreigner.
• A copy, certified by the employer, of the fixed-term employment contract signed by both parties and entering into force from the moment the worker’s residence permit is issued, as well as a copy of the job description. The employment contract must state that the employer pays for the worker’s travel from their country to the place of work and back, regardless of the reasons for the termination of the employment relationship.
• A declaration by the employer that the worker will be provided with suitable accommodation.
• A copy of the foreign seasonal worker’s international passport (the page with the photograph and personal details).
• If the profession is included in the list of regulated ones (which covers, for example, doctors, pharmacists, lawyers), a document confirming that the specialist’s qualification complies with Bulgarian standards is required.
• Where necessary — other documents required by law for work in a particular position.

If the permit has expired and documents for its extension have been submitted, the seasonal worker may continue working for the same employer or change employer once after receiving written authorisation from the Agency. There is no need to leave Bulgaria to obtain the permit.

In the event of early termination of the employment contract, the employer is obliged to notify the Employment Agency of this in writing within three days.

Important: if the foreigner has already worked for the same employer within the last five years, the permit is issued under a simplified procedure. In this case there is no need to submit documents confirming the foreign worker’s qualification, education and professional experience.

How is the permit issued?

The permit of the executive director of the Employment Agency is issued within 10 days of the submission of the application. If the documents are not in order, the employer is notified so that it can remedy the deficiencies within 15 days. The Agency does not return the documents received to the applicant. The cost of issuing or extending a permit is 100 leva.

The term of the permit may be from 90 days to 9 months within a calendar year, in accordance with the employment contract.

What next?

Once the permit has been obtained, the worker must apply to the Bulgarian consulate for a type D visa. With this visa they enter the territory of Bulgaria. After that, they need to go to the “Migration” directorate of the Ministry of Interior to obtain the seasonal worker permit. This is a plastic card, without which work cannot be started. When the Employment Agency permit is extended, a new card must be obtained from the migration service.

Within 7 days after the foreign seasonal worker starts work, the employer must notify the territorial directorate of the EA GLI (Главна инспекция по труда) of this. This organisation monitors the work of foreigners in Bulgaria, and its representatives have the right to check foreign workers’ documents and to visit the sites where they work.

Thus, the processing of seasonal workers is handled mainly by the employer. Its task is to prepare the documentation, obtain the permit and notify the supervisory authorities. The worker only needs to obtain the visa and the permit from the migration service.