Hiring a seasonal worker from a third country for less than 3 months

This page was last modified on 26-05-2017

Employers who wish to hire a third-country national for a period of less than 3 months in order to carry out seasonal work must first make a declaration of vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM).

Employers, who have been given a mandate can submit the application for the work permit on behalf of the third-country national.

Forms / Online services

Carry out your procedure:

Who is concerned

Each employer who intends to hire a third-country national for seasonal work is concerned.

Prerequisites

Hiring a third-country national as a seasonal worker is only possible if the activity is related to seasonal work.

The following activities are considered to be seasonal work:

  • harvesting (incl. grape harvesting, etc.);
  • packaging of harvested products;
  • leisure and holiday instructor and coordinator;
  • holiday tour guide and tourist guide;
  • surveillance and maintenance of beaches, outdoor swimming pools and camp sites;
  • positions held in retail stores, hotels and restaurants which are only open during a certain period of the year or which have a regular and foreseeable seasonal-related increase in activity during the year;
  • positions held in companies involved in aviation and the transportation of people that have a regular and foreseeable seasonal-related increase in activity during the year;

How to proceed

Declaration of vacant position

Before they can hire a new seasonal worker, employers must submit a declaration of vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM). The declaration will allow the National Employment Agency to check whether there is a suitable candidate available on the local or EU job market.

If the job offer cannot be filled with a person registered with the ADEM within a 3-week deadline, the employer is allowed to conclude, under certain conditions, an employment contract with a person of his choice, including a third-country national.

To this end, the employer must submit an application on plain paper to ADEM's director and request a certificate granting him the right to hire a third-country national.

The employer can then sign a dated employment contract with the future seasonal worker. It may be stated in the contract that the start date is "the date on which the worker obtains the work permit for seasonal workers".

Employers have to submit the original certificate to the third-country seasonal worker, who must attach it to his work permit application. However, employers can directly forward the certificate to the Immigration Directorate if they have been given a mandate by the third-country national to submit the work permit application on their behalf.

Employers who do not submit the application on behalf of the third-country national, are required to:

  • request to see the seasonal worker's work permit before beginning the working relationship;
  • request a copy of the seasonal worker's work permit and keep said copy for the whole duration of the contract;

Employers who illegally employ one or more workers from third countries with no valid authorisations may face administrative and criminal sanctions.

Application for a work permit on behalf of the worker

Employers who have been given a mandate by the third-country national, can submit a written application for a work permit (on plain paper) in the name of the seasonal worker.

Mandate: third-country nationals can authorise a third party (e.g. the future employer) to submit the application in their place. In this case, the mandate holder, with the exception of attorneys, must provide proof of their mandate in the form of a written power of attorney (proxy), duly dated and signed by the principal. The signature must be preceded by the handwritten note 'bon pour procuration' ('good for power of attorney').

The application has to be submitted to:

The application must be submitted and approved before the third-country national can come to Luxembourg, except in certain special cases (i.e. the third-country national already has a residence permit for Luxembourg). Applications submitted from inside Luxembourg are inadmissible.

Supporting documents to be submitted with the application

The application for the work permit must contain the applicant's identity details (surname(s), first name(s) and address in the country of residence) and must be accompanied by the following documents and information:

  • a certified copy of the valid passport, in its entirety;
  • a birth certificate;
  • an extract from the criminal record or an affidavit (sworn statement) established in the country of residence;
  • a certified copy of the applicant's diplomas or professional qualifications;
  • a copy of the seasonal employment contract (compliant with Luxembourg law), dated and signed by both the applicant and the future employer in Luxembourg;
  • the original certificate issued by the National Employment Agency (ADEM) granting the employer the right to hire a third-country national;
  • proof of suitable housing for the third-country national or that suitable housing will be provided. This proof is not necessary if the third-country national already obtained an authorisation to come to Luxembourg as a seasonal worker at least once during the previous 5 years;
  • proof that the third-country national has applied for or is already registered with health insurance ;
  • the mandate.

The documents enclosed must be originals or certified true copies. Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.

Only complete applications will be processed. Incomplete applications will be returned to the applicant.

Processing the application

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this period of time, the application shall be deemed to have been rejected.

When the work permit is granted, the applicant will receive the work permit by post.

Whenever an application is granted, the employer must notify the beginning of the working relationship to the Immigration Directorate in writing (post, email or fax) and specifically state:

  • the identity of the worker and their national identification number (13-digit social security number);
  • the start date of employment;
  • the identity of the effective employer.

The notification must be submitted within 3 working days from the first day of work.

Administrative formalities to be completed by the third country national

After coming to Luxembourg, third-country nationals must carry out the procedures which are required for a short-term stay.

Employers who illegally employ one or more workers from third countries with no valid authorisations may face administrative and criminal sanctions.

Withdrawal of the work permit

A work permit which has been granted can also be withdrawn if the employer:

  • has been sanctioned for illegal work or employment of third-country nationals illegally staying in Luxembourg;
  • has gone bankrupt, undergoes compulsory liquidation, or if no economic activity is carried out;
  • has failed to meet the legal requirements in matters of social security, tax, labour law or working conditions;
  • has not met the obligations required by labour law;
  • has eliminated a full-time position in the 12 months immediately prior to the application in order to create a position for a seasonal worker.

If the withdrawal is due to one of these reasons, the employer is required to pay a compensation to the seasonal worker.

The compensation corresponds to the salaries due for the period stated in the employment contract which should have entered into force if there had not been a withdrawal of the work permit.

Who to contact

National Employment Agency (ADEM)

L-4003 - Esch-sur-Alzette
Postal box B.P. 289
Luxembourg

Fax: (+352) 247 - 90410
Email mailto:info.moe@adem.public.lu

Ministry of Foreign and European Affairs
26, route d'Arlon
L-1140 - Luxembourg
Postal box B.P. 752 L-2017
Luxembourg
Phone: (+352) 247-84040 (from 14.00 to 16.00)
Fax: (+352) 22 16 08
Email immigration.public@mae.etat.lu

Opening hours
Monday to Friday from 08.30 - 12.00