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Seasonal farm workers in Germany 2026: working time and 90-day rule

New time limits for short-term employment apply to harvest workers in Germany from 2026. What farms need to know about minimum wage, time records and retention.

PhytAI editorial teamPublished 5 min read

Key points

  • Minimum wage: according to the Federal Ministry of Agriculture, 13.90 euros gross per hour since 1 January 2026, including in agriculture, forestry and horticulture.
  • Short-term employment: on agricultural businesses since 2026 up to 15 weeks or 90 working days per calendar year instead of three months or 70 working days.
  • Working time: record start, end and duration of daily working time, no later than the end of the seventh calendar day after the work.
  • Retention: at least two years, to be kept available in Germany and in German.
  • EU citizens and third countries: EU workers can be hired directly; placement agreements apply to third countries.

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Without seasonal workers there would be no asparagus, strawberry or apple harvest in Germany, and no planting season on many vegetable farms and nurseries. With the workers come obligations: minimum wage, social insurance and recording working time, which customs can inspect. In 2026 an important limit changed: short-term employment in agriculture may last longer. This article summarises what applies, what must be recorded and how long records must be kept.

Minimum wage

According to the Federal Ministry of Agriculture, Food and Regional Identity (BMLEH), a statutory minimum wage of 13.90 euros gross per hour has applied since 1 January 2026 to all employees in agriculture, forestry and horticulture. This applies regardless of whether someone is employed short-term, marginally or subject to social insurance, and also with piece rates: in the end at least the minimum wage must be reached for each hour worked. That is exactly why reliable working time records are needed.

Short-term employment: 15 weeks or 90 working days

Short-term employment is exempt from social insurance if it is limited in time within the calendar year and not carried out as a profession. The general limit is three months or 70 working days. According to the German mini-job centre (Minijob-Zentrale), the time limits for agricultural businesses were extended from January 2026 to 15 weeks or 90 working days per calendar year. The BMLEH confirms the new limits.

The Minijob-Zentrale points out two things:

  • The extended limits apply to agricultural businesses according to the official classification of economic activities, including growing of non-perennial and perennial crops, plant propagation, animal production, mixed farming and post-harvest services.
  • For mixed businesses with several branches, what matters is that the focus is on agriculture, measured by the number of employees or average working time in the calendar year.

Classifying the business and reporting employees correctly is the employer's responsibility. The work must still not be carried out as a profession.

Recording working time

Section 17 of the Minimum Wage Act requires employers in the cases it names to record the start, end and duration of daily working time. According to German customs, these include employers in sectors listed in section 2a of the Act to Combat Undeclared Work and employers of marginally employed persons, except private households. The BMLEH states more generally for agriculture that employers must record start, end and duration of daily working time for all employees; only close family members are exempt.

For the records:

  • Deadline: no later than the end of the seventh calendar day following the day of work
  • Retention: at least two years from the relevant recording date
  • Availability: according to customs, the documents must be kept available in Germany and in German

Social insurance and origin

According to the BMLEH, anyone not employed short-term must be registered for health, pension, unemployment and long-term care insurance if German law applies. For employees from other EU states, the coordination rules of Regulations (EC) 883/2004 and 987/2009 may make the law of the home country apply; this is evidenced by the A1 certificate. EU citizens can be hired directly. For seasonal workers from third countries there are placement agreements, according to the BMLEH currently with Georgia and the Republic of Moldova.

Instruction and occupational safety

New workers must be instructed in their tasks and in occupational safety, for example when handling machinery, ladders, knives or treated crops. Anyone applying plant protection products needs a certificate of competence; under section 9(5) of the Plant Protection Act, simple auxiliary tasks under the supervision of a competent person are among the exceptions. More in Plant protection certificate and training. Re-entry intervals after a plant protection treatment follow from the product's authorisation and should be known to harvest crews.

Common mistakes

  • working time noted only as a daily total, without start and end
  • time sheets collected at the end of the month, seven-day deadline missed
  • 90-day limit assumed although the business is mainly not agricultural
  • previous employment with other employers in the calendar year not asked about
  • documents kept only in the workers' language or only abroad
  • piece rates paid without checking the hourly wage against the minimum wage

How to proceed on the farm

  1. Clarify status: short-term, marginal or subject to social insurance; ask about previous employment in the year.
  2. Choose time recording: time clock, app or time sheet with start, end and breaks.
  3. Close weekly: complete records within seven days.
  4. Check minimum wage: with piece rates, recalculate the hourly wage per pay period.
  5. Secure filing: keep records for two years in Germany and in German.

What PhytAI covers and what it does not

PhytAI is not a time recording or payroll system. For working time records, reports and minimum wage, farms use their payroll software or a time recording system. PhytAI supports the organisation around seasonal work: team tasks assigned to people, instructions with topic, participants, language and repeat interval as evidence, certificates of competence with reminders before expiry, and plant protection records showing when which field was treated.

Frequently asked questions

Does the 90-day limit also apply to mini-jobs with an earnings limit? The 90-day limit concerns short-term employment. Marginal employment by earnings has its own rules; if in doubt, ask the Minijob-Zentrale.

Is a spreadsheet enough for recording working time? The law does not prescribe a form. What matters is start, end and duration per day, the seven-day deadline and retention.

Do helping family members have to be recorded? According to the BMLEH, close family members are exempt.

Sources

This article reflects the situation on the date shown, based on the sources named, and is not legal advice. Laws, approvals, official decisions and the guidance of the competent authorities prevail.

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