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Seasonal Work (EU, Georgia, Moldova)
Specialist lawyer explains the requirements for seasonal work in agriculture (workers from the EU, Georgia and Moldova).
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what seasonal work is and how employers benefit from seasonal work
what requirements apply to legal seasonal work
Special regulations for seasonal workers from Moldova and Georgia
what working conditions apply to seasonal work
1. What is seasonal work?
2. Seasonal work from Georgia and Moldova
3. Working conditions for seasonal workers
4. Social insurance for seasonal workers
5. FAQ
6. Conclusion Seasonal work
1. What is seasonal work?
Seasonal work plays a significant role in Germany, particularly in agriculture and the catering industry . Harvest workers are needed primarily in the summer months for the fruit and vegetable harvest, while seasonal workers are increasingly employed in the hotel and catering industry in tourist regions, such as the North and Baltic Seas or the Alps.
Seasonal work refers to temporary employment, primarily in industries with highly fluctuating workloads. Typical areas include agriculture (e.g., harvest workers for asparagus, strawberries, or grape harvesting), as well as the catering and hotel industries, especially during peak tourist seasons. Seasonal workers often come from abroad and may require a residence or work permit . This article explains all the requirements for the legal employment of seasonal workers from abroad.
2. Seasonal work from Georgia and Moldova
Seasonal workers from the EU or from Iceland, Norway, Liechtenstein, and Switzerland do not require a work and residence permit for seasonal work due to freedom of movement regulations. The same applies, under certain conditions, to nationals of Georgia and the Republic of Moldova , as the German Federal Employment Agency (Bundesagentur für Arbeit) has agreements with the Georgian employment agencies.
(SESA) and the Republic of Moldova (NEA) have concluded placement agreements (see Section 15a of the Employment Ordinance ). Information on job vacancies and placement services are provided by the competent authority in the respective country. After registration, the employee receives a work permit for a specific period and company.
In order to work as a citizen of Georgia or the Republic of Georgia without a visa, various requirements must be met . If you want to work as a seasonal worker in Germany, the Federal Employment Agency must check whether your employment meets the requirements . Seasonal work is limited to a maximum of 90 days within a 180-day period and requires a minimum working time of 30 hours per week . In addition, the so-called general visa requirements must be met. In particular, the passport requirement for foreigners must be met, and the seasonal worker must not have previously applied for asylum (Section 15a (3) Sentence 1 No. 2 of the Employment Ordinance).
Furthermore, you must meet the following formal requirements for employment as a seasonal worker from Georgia or Moldova:
Proof of adequate health insurance coverage
Proof of adequate accommodation
Submission of a concrete job offer or a valid employment contract
The employer must apply for a work permit from the Federal Employment Agency. The application can be submitted online via the Federal Employment Agency's eService portal .
3. Working conditions of seasonal workers
Seasonal agricultural workers in Germany are entitled to the statutory minimum wage , which applies to all workers regardless of nationality or place of residence. Many employers use piece-rate or pay-as-you-go wages, where payment is based on the quantity harvested. However, the hourly wage must not fall below the statutory minimum wage. If employees earn more due to high harvesting output, this amount must be paid accordingly. To verify actual earnings as a seasonal worker, all working hours, including breaks, should be recorded in writing and ideally confirmed by supervisors or colleagues. Especially with piece-rate wages, it is important to also note the quantity delivered. Payment must be made no later than the end of the following month.
The statutory standard working hours in Germany are 8 hours per day , but can be temporarily extended to 10 hours - or even to 12 hours in special cases. Working hours include all activities on the farm. This also includes the time you need to move between two consecutive locations (fields) - this must be paid for by the employer. Breaks and travel to and from work are not included in working hours. Employees also have a statutory right to breaks of 30 minutes for working hours between 6 and 9 hours and 45 minutes for working hours over 9 hours. The break must be taken after 6 hours at the latest.
4. Social insurance for seasonal workers
Seasonal workers from the Republic of Moldova and Georgia are generally subject to compulsory social insurance contributions in Germany. However, in certain cases , exemption from social insurance contributions is possible. You should clarify whether this exemption applies to you with your employer. You can use the "Determination of Social Insurance Commitment" questionnaire from the Federal Employment Agency for this purpose. If you work in Germany exempt from social insurance contributions and do not have international health insurance, your employer is required to take out private health insurance for you. This is often referred to as harvest worker health insurance and covers you while you are working in Germany.
5. FAQ
What is seasonal work and in which industries is it used?
Seasonal work is temporary employment that takes place during periods of increased staffing needs – for example, during the harvest season or peak tourist seasons. Typical sectors include agriculture (e.g., asparagus or strawberry harvesting) as well as the hotel and restaurant industry in holiday regions such as the North Sea, Baltic Sea, or the Alps.
What are the requirements for seasonal workers from Georgia and Moldova?
Seasonal workers from Georgia and Moldova can enter Germany visa-free if they are placed through the employment agencies of their home countries. The work is limited to 90 days within any 180-day period and is subject to conditions including a minimum working time of 30 hours per week, proof of health insurance and accommodation, and a concrete job offer.
What are the working conditions for seasonal workers in Germany?
Seasonal workers are entitled to the statutory minimum wage, even if they are paid on a piece-rate or performance basis. Working hours are generally 8 hours per day, but can be temporarily extended to up to 12 hours under certain conditions. Breaks are legally mandated and must be taken no later than after six hours of work.
Are seasonal workers subject to social security contributions?
Generally yes, but an exemption is possible under certain conditions. In such cases, the employer is obligated to provide private health insurance – often a specific type of insurance.
6. Conclusion
Seasonal work in Germany is particularly important in agriculture and the hospitality industry, and also offers attractive opportunities for workers from Georgia and Moldova. Under certain conditions, visa-free employment is possible through bilateral placement agreements (Section 15a of the Employment Ordinance), which require fulfilling specific requirements such as health insurance , proof of accommodation , and an employment contract . Seasonal workers are entitled to a minimum wage and regulated working hours, with piece-rate or performance-based pay being possible. Social security contributions must also be observed, although exemptions may be possible in certain circumstances. Employers should check the requirements early and submit applications via the Federal Employment Agency's eService portal to avoid legal risks.
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List of Sources (Paywall)
[1] Offer/Mävers, Employment Ordinance, 2nd edition 2022, § 15a