When hiring a seasonal employee, you need to pay attention not only to the main provisions that should be specified in the employment contract with such an employee, but also to the procedure for granting basic and additional leave, as well as maternity leave.
In practice, it is quite difficult to correctly draw up documents and comply with legal requirements for a seasonal worker, since seasonal work is rare and is quite similar in nature to a fixed-term employment contract. However, the conclusion of an ordinary fixed-term employment contract does not correctly reflect the nature of the relationship between the parties and provide the necessary guarantees.
Legal requirements
The main difference between fixed-term employment contracts and contracts with seasonal workers is the justification for urgency: for seasonal work, climatic or other natural conditions constitute the basis for concluding an employment contract for a certain period (Article 293 of the Labor Code of the Russian Federation).
Since, at its core, an employment contract for seasonal work is a type of fixed-term contract, the rules governing legal relations under fixed-term contracts also apply to seasonal workers. But there are still a number of special legal norms. For example, there is a special procedure for providing and calculating paid leave, concluding and terminating an employment contract.
Also, labor relations with seasonal workers can additionally be regulated by a collective agreement, agreements and local regulations of the company (Article 252 of the Labor Code of the Russian Federation). At the same time, the main rule that an employer should follow is to prevent the provisions of local documents from worsening the position of a seasonal worker in comparison with the norms of labor legislation, limiting his rights and guarantees and increasing the level of his disciplinary or financial liability. Otherwise, these norms will be considered invalid and their application in practice will be considered a violation of labor laws.
Conclusion of an employment contract
The general list of mandatory conditions that must be included in an employment contract with an employee is established in Article 57 of the Labor Code. In addition to the standard details and mandatory provisions, the employment contract with a seasonal worker must include the following information.
Condition regarding the seasonal nature of work. It must be clearly indicated with justification for the seasonality of the work, and must also be present in the employment order drawn up in the T-1 form, in the column “conditions of employment, nature of the work” (Article 69, 294 of the Labor Code of the Russian Federation).
Condition for concluding a fixed-term employment contract. In accordance with the Labor Code (Article 59 of the Labor Code of the Russian Federation), a fixed-term employment contract is concluded to perform seasonal work. This condition must be fixed in the contract, and the validity period of the contract can be determined either by a calendar date (expiration date) or by the occurrence of a specific event.
Test condition. The probationary period established for a seasonal worker cannot exceed 14 calendar days if the contract is concluded for a period of two to six months. If the period exceeds six months, then the duration of the probationary period cannot exceed three months (Article 70 of the Labor Code of the Russian Federation).
Place of work. The actual place of performance of duties by the employee is indicated (for example, “sown areas in the region of the X Nth region”).
Seasonal worker leave
Paid leave for a seasonal worker differs significantly from standard annual paid leave provided to other categories of workers. So, it is calculated in working days, while, according to the general rules, vacations are calculated in calendar days.
Please note that a seasonal worker has the right to annual paid leave on a general basis, that is, only after six months of continuous work. Therefore, there are three possible options for its use.
1. By agreement of the parties, the employee is granted leave in advance until the expiration of six months of continuous work.
2. The employee takes vacation at the end of the employment contract with subsequent dismissal (the day of dismissal is considered the last day of vacation (Part 2, Article 127 of the Labor Code of the Russian Federation)).
3. The employee receives monetary compensation for unused vacation upon dismissal.
As for the rights of seasonal workers to additional vacations, in the absence of special rules in the legislation, one should be guided by the general rules. For example, such leave is provided when working in conditions different from normal: in harmful and (or) dangerous working conditions or in the Far North and equivalent areas.
But it should be taken into account that since the law does not provide otherwise, the additional leave of seasonal workers should be calculated in calendar days, in contrast to the main one. The calculation of the main and additional leave for a seasonal employee should be made separately.
Termination of an employment contract
The procedure for terminating a contract with seasonal workers depends on the reason for its termination.
If the reason is the expiration of its validity period, then dismissal occurs either on the specific date established by the employment contract, or at the end of the period of seasonal work (season). However, it is not recommended to tie the expiration of the employment contract to the end of the period without specifying a clear date, since in this case there is a risk of challenging the fact of the end of the season. This means that the legality of the dismissal may be called into question.
Seasonal workers are also subject to general provisions establishing additional guarantees for pregnant workers. Thus, if an employee is pregnant, the employment contract is extended until the end of the pregnancy upon the written application of the employee and on the basis of an appropriate medical certificate (Part 2 of Article 261 of the Labor Code of the Russian Federation). However, termination of the contract with a pregnant seasonal employee is permitted if she was hired to fill the duties of an absent employee in the event of his return or in the event of liquidation of the company.
For seasonal workers, special simplified conditions have been established for early termination of employment contracts.
When dismissal is initiated by an employee, the employer's notice period for early dismissal is three calendar days instead of two weeks under a standard employment contract.
When dismissing an employee at the initiative of the employer in connection with the liquidation of the organization, reduction in the number or staff of employees, the employer is obliged to notify in writing of the upcoming dismissal at least seven calendar days in advance (instead of two months under a standard employment contract). In addition, the amount of severance pay for a seasonal employee upon dismissal for these reasons is also reduced: the benefit is paid in the amount of two weeks' average earnings (instead of the average monthly earnings under a standard employment contract).
In conclusion, I would like to note that for seasonal workers, labor legislation provides for special legal regulation, which, however, does not cover the entire range of issues. In many cases, the employer should not only apply the standards established for fixed-term employment contracts, but also be guided by the general provisions of labor legislation.
Failure to comply with the requirements of the legislation regulating the work of seasonal workers may lead to sanctions for violation of labor laws, as well as labor disputes with the employee.
At the same time, it is recommended to pay special attention to establishing the grounds for concluding a fixed-term employment contract when registering employment relations with seasonal workers, since this is associated with the greatest risks, since concluding a fixed-term employment contract in the absence of sufficient grounds can lead to recognition of the employment contract as concluded for an indefinite period . In addition, in the event of legal proceedings regarding illegal dismissal, the employee may demand reinstatement and compensation of average earnings for the period of forced absence.
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Seasonal according to Part 1 of Art. 293 of the Labor Code of the Russian Federation recognizes work that, due to climatic and other natural conditions, is carried out during a certain period (season), not exceeding, as a rule, 6 months.
Therefore, the characteristic features of seasonal work are:
- a special type of work, which is determined by climatic and other natural conditions;
- performance of work during a certain period (season);
- the duration of the period (season) does not exceed (as a general rule) 6 months during the calendar year.
And the main feature that makes it possible to classify any work as seasonal work is its inclusion as seasonal in the Lists of seasonal work, determined by industry (inter-industry) agreements concluded at the federal level of social partnership (Part 2 of Article 293 of the Labor Code of the Russian Federation).
Labor legislation highlights two types of seasonal work:
1) seasonal work, the duration of which does not exceed 6 months (general rule);
2) individual seasonal work, the duration of which may exceed 6 months.
To conduct collective bargaining in order to prepare draft sectoral (intersectoral) agreements and their conclusion, sectoral commissions are specially created. In addition, there is a permanent Russian tripartite commission for the regulation of social and labor relations, the activities of which are carried out in accordance with the Federal Law of May 1, 1999 No. 92-FZ “On the Russian tripartite commission for the regulation of social and labor relations.” The members of this commission are representatives of all-Russian associations of trade unions, all-Russian associations of employers, and the Government of the Russian Federation.
However, at present there are no such industry (inter-industry) agreements defining lists of seasonal work. It should be noted that even before the amendments to the Labor Code of the Russian Federation by Federal Law No. 90-FZ, the Government of the Russian Federation had not adopted a single list of seasonal work.
Therefore, on the basis of Art. 423 of the Labor Code of the Russian Federation, before the adoption of the relevant industry (inter-industry) agreements, employers can be guided by the List of seasonal work approved by Resolution of the People's Commissariat of Labor of the USSR dated October 11, 1932 No. 185.
In addition, when resolving the question of whether work is seasonal, one can be guided by the Lists that continue to be applied in other areas of law, for example:
- A list of seasonal industries, work in organizations of which during the full season when calculating the insurance period is taken into account in such a way that its duration in the corresponding calendar year is a full year, approved by Decree of the Government of the Russian Federation of July 4, 2002 No. 498;
- A list of seasonal work and seasonal industries, work in enterprises and organizations of which, regardless of their departmental affiliation, for a full season is counted towards the length of service for a pension for a year of work, approved by Resolution of the Council of Ministers of the RSFSR dated July 4, 1991 No. 381;
- A list of seasonal industries and types of activities used when providing a deferment or installment plan for tax payment, approved by Decree of the Government of the Russian Federation of April 6, 1999 No. 382.
Thus, in accordance with Decree of the Government of the Russian Federation dated July 4, 2002 No. 498, seasonal industries include:
"1. Peat industry (swamp preparation work, extraction, drying and harvesting of peat, repair and maintenance of technological equipment in the field).
2. Logging industry (extraction of resin, barras, stump tar and spruce sulfur).
3. Timber rafting (discharge of wood into water, primary and raft rafting of timber, sorting on water, rafting and rolling out wood from water, loading (unloading) of wood onto ships)
4. Forestry (afforestation and reforestation, including soil preparation, sowing and planting forests, caring for forest crops, work in forest nurseries and field forest management work).
5. Butter, cheese and dairy industry (seasonal work in organizations for the production of dairy products and in specialized organizations for the production of canned milk).
6. Meat industry (seasonal work in organizations for the production of meat products, poultry processing and the production of canned meat).
7. Fishing industry (seasonal work in organizations for catching fish, catching whales, sea animals, seafood and processing these raw materials, in fish culinary, canning, fish flour, fat and flour organizations and refrigerators of the fishing industry, in aerial reconnaissance).
8. Sugar industry (seasonal work in organizations producing granulated sugar and refined sugar).
9. Fruit and vegetable industry (seasonal work in organizations for the production of canned fruits and vegetables).”
In accordance with Resolution of the Council of Ministers of the RSFSR dated July 4, 1991 No. 381, seasonal work and seasonal industries include:
1. Work in peat mining:
a) marsh preparatory work;
b) extraction, drying and harvesting of peat;
c) repair and maintenance of technological equipment in the field.
2. Work in logging and timber rafting:
a) dumping wood into water, primary and raft rafting, sorting on water, rafting and rolling wood out of water, loading wood into ships and unloading it from ships;
b) extraction of resin, barras and spruce serka;
c) preparation of air resin;
d) soil preparation, sowing and planting forests, caring for forest crops, working in tree nurseries;
e) field forest management work.
3. Work at enterprises in the seasonal fishing, meat and dairy industries.
4. Work at enterprises in the sugar and canning industries.”
Seasonal workers, like other workers, are subject to the rights and guarantees provided for by current legislation, but with some special features.
Let's look at them.
Workers engaged in seasonal work, in accordance with labor legislation, have the right to paid leave.
At the same time, Art. 295 of the Labor Code of the Russian Federation establishes a special procedure for granting vacations to seasonal workers:
“Employees engaged in seasonal work are provided with paid leave at the rate of two working days for each month of work.”
Taking into account the general rule, which includes in the concept of “seasonal work” its duration of no more than 6 months, it is obvious that the maximum duration of vacation for a seasonal worker is 12 working days.
In addition, seasonal workers on the basis of Art. 127 of the Labor Code of the Russian Federation can use vacation followed by dismissal (except for cases of dismissal for guilty actions).
In this case, the day of dismissal is considered the last day of vacation, even if it extends beyond the term of the employment contract.
If a seasonal employee does not use his vacation, he must be paid monetary compensation upon dismissal. Monetary compensation is calculated based on average daily earnings, which is determined according to the rules of Part 5 of Art. 139 Labor Code of the Russian Federation.
Seasonal workers are generally entitled to temporary disability benefits.
However, there are special rules for providing temporary disability benefits for both seasonal and temporary workers.
In paragraph 22 of the Regulations on the procedure for providing benefits for state social insurance, approved by Resolution of the Presidium of the All-Union Central Council of Trade Unions dated November 12, 1984 No. 13-6, it is noted:
“For workers and employees employed in seasonal and temporary work, temporary disability benefits due to a work injury or occupational disease are issued on a general basis, and temporary disability benefits due to other reasons are issued for no more than 75 calendar days. The benefit in the specified period is issued for working days.”
In addition, for seasonal workers, in cases provided for by law, work for a full season is counted towards their length of service, which entitles them to a pension for a full year of work.
Thus, in paragraph 2 of the Decree of the Government of the Russian Federation dated July 4, 2002 No. 498, it is established that “... work during the full season in organizations of the seasonal industries of the fish, meat, dairy and sugar industries, including the production of canned products, when calculating insurance The length of service required to acquire the right to a retirement pension is taken into account so that its duration in the relevant calendar year is a full year of work starting from the 1967 season.”
CONCLUSION AND TERMINATION OF AN EMPLOYMENT CONTRACT WITH SEASONAL WORKERS
A distinctive feature of this type of employment contract is the seasonal nature of the work, which also determines its special duration - a certain period (season).Federal Law No. 90-FZ adjusted the definition of “seasonal work” used in the Labor Code of the Russian Federation, adding the words “as a rule” after the words “not exceeding”.
Thus, if previously the term of the employment contract concluded with seasonal workers could not exceed 6 months, now the period of validity of the employment contract with seasonal workers can be more than 6 months.
These are employment contracts concluded with employees to perform individual seasonal work, the duration of which may exceed 6 months.
The list of individual seasonal jobs, the duration of which may exceed 6 months, as well as the maximum duration of these individual seasonal jobs, are determined by industry (inter-industry) agreements concluded at the federal level in the form of a social partnership.
Contracts with seasonal workers are a type of fixed-term employment contracts. In Art. 59 of the Labor Code of the Russian Federation directly provides for them the basis for concluding an agreement: “for performing seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season).”
To employment contracts with seasonal workers, the general provisions of labor legislation on fixed-term employment contracts apply, with some features established by Chapter. 46 Labor Code of the Russian Federation. In this regard, in the text of the employment contract with seasonal workers, the employer is obliged to indicate the duration of its validity and the reason (or specific circumstances) that served as the basis for its conclusion in accordance with the Labor Code of the Russian Federation and other federal laws.
The specific term of the employment contract, usually not exceeding 6 months, is determined by agreement of the parties.
The reason that served as the basis for concluding this type of fixed-term employment contract is the seasonal nature of the work. The condition regarding the seasonal nature of work in accordance with Art. 294 of the Labor Code of the Russian Federation must be specified in the employment contract with a seasonal worker.
Documentation of labor relations with a seasonal worker is carried out on the general basis provided for by labor legislation for employment.
When applying for a job, a person concluding an employment contract to perform seasonal work presents to the employer on a general basis all the necessary documents listed in Art. 65 Labor Code of the Russian Federation.
An employment contract with seasonal workers is concluded in writing, on the basis of which an order (instruction) of the employer is issued for hiring (form No. T-1, T-1a) and entries are made in the employee’s work book and other personnel documents.
Based on Art. 68 of the Labor Code of the Russian Federation, the content of the order (instruction) of the employer must comply with the terms of the concluded employment contract, therefore, the order (instruction) on hiring must also contain an indication that this employee is hired for seasonal work.
It should be noted that the general rule (Article 61 of the Labor Code of the Russian Federation) on concluding an employment contract by actually admitting an employee to work with the knowledge or on behalf of the employer (his representative) with seasonal workers, as well as with temporary workers, is of little applicability. Because in the absence of proper documentation of labor relations, it will be difficult for the employer to prove his intentions to hire a seasonal worker, and this can be interpreted as accepting a permanent job for an indefinite period.
Based on Federal Law No. 90-FZ, Part 2, Art. 294 of the Labor Code of the Russian Federation has lost force. This eliminates the restriction for an employer when hiring a seasonal worker to set a probationary period not exceeding 2 weeks.
Now seasonal workers are subject to the general rules on the probationary period established by Art. 70 Labor Code of the Russian Federation. At the same time, the norms of Art. 70 of the Labor Code of the Russian Federation allows the inclusion of a provision in the collective agreement regarding workers engaged in seasonal work, according to which they do not have to have a probationary period. The probationary period cannot exceed 3 months. The provision for testing an employee in order to verify his suitability for the assigned work must be specified in the employment contract. The absence of a probationary clause in the employment contract means that the employee was hired without a trial.
Once all the conditions (both mandatory and additional) are included in the text of the employment contract, which is signed by the employee and the employer, they become binding on the parties. In the future, the terms of the employment contract can be changed only by agreement of the parties to the employment contract, concluded in writing.
The specifics of terminating an employment contract with temporary workers are given in Art. 296 Labor Code of the Russian Federation.
As a general rule, a fixed-term employment contract is terminated upon the expiration of its validity period, of which the employee must be warned in writing at least 3 calendar days before dismissal (Article 79 of the Labor Code of the Russian Federation).
If the employee, after the expiration of the fixed-term employment contract, actually continues to work and the employer did not demand termination of the employment contract due to the expiration of its term, then the employment contract is considered concluded for an indefinite period (Part 4 of Article 58 of the Labor Code of the Russian Federation).
An employee engaged in seasonal work may, on his own initiative, terminate his employment contract with the employer early. The employee must notify the employer in writing about early termination of the contract, 3 calendar days in advance (Article 296 of the Labor Code of the Russian Federation), and not 2 weeks in advance, as is provided for ordinary employees.
For the employer, Article 296 of the Labor Code of the Russian Federation establishes the obligation to warn an employee engaged in seasonal work about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature, and no less than 7 calendar days in advance.
The period calculated in calendar days also includes non-working days. In particular, if the last day of the period falls on a non-working day, then the day of the end of the period in accordance with Art. 14 of the Labor Code of the Russian Federation is considered the next following working day.
In this case, the employee who was employed in seasonal work is paid severance pay. The amount of severance pay (two-week average earnings) is established in Art. 296 Labor Code of the Russian Federation.
At the same time, general grounds for dismissal apply to employees engaged in seasonal work: at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation), for circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation), by agreement of the parties (Article 78 of the Labor Code RF), - as well as other grounds provided for in Art. 77 Labor Code of the Russian Federation.
OPTION OF AN EMPLOYMENT CONTRACT WITH A SEASONAL WORKER
EMPLOYMENT AGREEMENT No._________city_______________________ "___"_________200__
(name of the organization should be indicated in full) represented by
(position of the authorized person of the organization, full name)
acting on the basis
_____________________ .______ from “___”_________200__,
(name of the document granting the employer’s representative the appropriate powers, its date, number, issuing authority)
hereinafter referred to as the “Employer”, on the one hand, and
____________________________________________________________,
(full full name)
Hereinafter referred to as “Employee”, on the other hand, have entered into this agreement as follows:
1. SUBJECT OF THE EMPLOYMENT CONTRACT
1.1. An employee is hired for seasonal work by the Employer in the position of ____________________________________________.
1.2. Work for the Employer is the main place of work for the Employee.
1.3. This agreement is concluded for a period of 6 (six) months and is valid from “__”_______ 200_ to “__”_______ 200_.
1.4. The Employee's immediate supervisor is
1.5. The employee is obliged to start work from “__”________200__. 1.6. If the Employee does not start work within the time specified in paragraph. 1.5 of this employment contract, then the contract is canceled in accordance with Part 4 of Art. 61 of the Labor Code of the Russian Federation. 2. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE
2.1. The employee has the right:
- the right to provide him with the work specified in clause 1.1 of the agreement;
- the right to familiarize yourself with the Employer’s internal labor regulations and the collective agreement when hiring (before signing an employment contract);
- the right to timely and full payment of wages provided for in this employment contract
- the right to paid leave and weekly rest in accordance with current legislation
- the right to provide a workplace that meets state standards of organization and labor safety
- the right to compulsory social insurance
- the right to compensation for harm and compensation for moral damage caused to the Employee in connection with the performance of his job duties
- the right to conclude, amend and terminate an employment contract in the manner prescribed by the Labor Code of the Russian Federation
- the right to protect rights, freedoms and legitimate interests by all means permitted by law
- other rights granted to employees by the labor legislation of the Russian Federation.
2.2. The employee is obliged to: - obey the Internal Labor Regulations of the Employer and other local regulations of the Employer, observe labor discipline
- conscientiously perform the following labor duties assigned to him by this employment contract:
a) b) c) d) etc. transfer.
- comply with labor protection and occupational safety requirements
- use working time only for the purpose of fulfilling labor duties under this employment contract
- take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees
- in the event of situations that pose a threat to life, health, or the safety of the Employer’s property, notify the Employer immediately
3. RIGHTS AND OBLIGATIONS OF AN EMPLOYER
3.1. The employer has the right:
- demand from the Employee the proper performance of labor duties assigned by this employment contract
- require the Employee to take care of the Employer’s property
- require the Employee to comply with the Internal Labor Regulations and other local regulations of the Employer
- bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation
- encourage the Employee in the manner and amount provided for by the labor legislation of the Russian Federation
- exercise other rights granted by the labor legislation of the Russian Federation. 3.2. The Employer is obliged to: - provide the Employee with the work specified in clause 1.1 of the contract; pay in full the wages due to the Employee within the terms established by this employment contract
- familiarize the Employee with the Internal Labor Regulations, other local regulations related to the Employee’s labor function, the collective agreement and labor protection requirements
- provide the Employee with technical documentation, equipment, tools and other means necessary to perform the duties assigned to him
- ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation
- carry out compulsory social insurance of employees in the manner established by federal laws
- comply with the norms of working time and rest time in accordance with this agreement and current legislation
- compensate for damage caused to the Employee in connection with the performance of his labor duties
- provide for the Employee’s everyday needs related to the performance of his job duties
- at the request of the Employee, provide him with a certificate of work performed to enter information about part-time work in the work book
- perform other duties provided for by labor legislation.
4. WORK AND REST MODE
4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.
4.2. The Employee’s work in the position specified in clause 1.1 of the agreement is carried out under normal conditions.
4.3. The employee is provided with paid leave of 12 days at the rate of two working days for each month of work.
4.4. Upon written request of the Employee, unused vacation days may be granted with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.
4.5. An employee may be involved in work on weekends and non-working holidays on the basis of an order (instruction) of the Employer and the written consent of the Employee.
5. CONDITIONS OF PAYMENT
5.1. For the performance of work stipulated by this employment contract, the Employee is paid an official salary in the amount of ______________]________________ rub. per month.
5.2. Salaries are paid at the Employer's cash desk twice a month ___
and_____days of each month in accordance with the Internal Labor Regulations.
5.3. If the Employee is involved in work on weekends and non-working holidays in accordance with clause 4.5 of this employment contract, he is paid monetary compensation of at least double the amount.
5.4. From the salary paid to the Employee in connection with this employment contract, the Employer withholds personal income tax, as well as makes other deductions in accordance with the current legislation of the Russian Federation and transfers the withheld amounts as intended.
6. WARRANTY AND COMPENSATION
6.1. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.
6.2. For the period of validity of this employment contract, the Employee is subject to compulsory social insurance in state extra-budgetary funds at the expense of the Employer in the manner prescribed by the current legislation of the Russian Federation.
6.3. The Employer pays the Employee temporary disability benefits in accordance with the current legislation of the Russian Federation.
6.4. Upon the occurrence of temporary incapacity for work, the Employee is obliged to submit to the Employer a certificate of incapacity for work confirming his temporary incapacity for work (illness, accident, etc.) no later than 3 (three) days after the end of such incapacity for work.
7. RESPONSIBILITY OF THE PARTIES
7.1. In case of non-fulfillment or improper fulfillment by the Employee of the duties assigned to him by this employment contract, internal labor regulations, labor legislation, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.
7.2. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.
8. TERMINATION OF AN EMPLOYMENT CONTRACT
8.1. This employment contract expires on " " 200.
8.2. The Employer notifies the Employee in writing about the date of termination of this employment contract at least 3 calendar days before dismissal.
8.3. At the Employee’s initiative, this employment contract may be terminated before the expiration of the period specified in clause 8.1 of the contract. The Employee must submit a written application for early termination of the employment contract to the Employer at least 3 calendar days before the deadline specified in clause 8.1 of the contract.
8.4. The Employer warns the Employee about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing against signature at least 3 calendar days in advance. In this case, the Employee is not paid severance pay upon dismissal.
8.5. This employment contract may be terminated on the general grounds provided for by the Labor Code of the Russian Federation.
9. FINAL PROVISIONS
9.1. The terms of this employment contract are legally binding on the parties.
9.2. Changes and additions to this employment contract are formalized by an additional written agreement of the parties.
9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.
9.4. In all matters not covered by this employment contract, the parties are guided by the norms of the Labor Code of the Russian Federation (collective agreement, internal labor regulations, other local regulations of the Employer).
9.5. This employment contract is drawn up on ____ sheets, in two
copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
10. ADDRESSES AND DETAILS OF THE PARTIES:
Employer:
Legal address:____________________________________
Mailing address: _______________________________________
Taxpayer Identification Number_______________________________________,
Bank details__________________________________
telephone:_______________________________________________
Employer:
___________________________/_____________/
(indicate job title, signature, transcript of signature)
Employee:_____________________________________________ Passport: series________No. _______issued “__”________year _
registered at:_________________________________
lives at:_________________________________________
telephone:_______________________________________________ Employee: __________/______________/
“Second copy of employment contract No. __________________
from "__"________20__ received" ___________/_____________/
(signature, transcript of signature)
date
One type of fixed-term employment contract is the conclusion of a seasonal contract. Seasonal work has some peculiarities; it is not without reason that it is regulated by the special 46th chapter of the Labor Code of the Russian Federation. Because of these features, seasonal workers are in slightly worse conditions compared to non-seasonal workers, so it is beneficial for employers to enter into seasonal contracts, and they often do this illegally.
Let's look at who you can enter into seasonal work agreements with, what are the features of labor organization and termination of employment relationships with seasonal workers.
With whom can I conclude an employment contract for the season?
First, let's find out which jobs are considered seasonal. To do this, let’s look at Article 293 of the Labor Code of the Russian Federation:
“Seasonal work is recognized as work that, due to climatic and other natural conditions, is carried out during a certain period (season), not exceeding, as a rule, six months.”
Who can determine whether a particular job is seasonal? For example, is working as a counselor at a country camp during the summer holidays seasonal work? The fact is that the employer cannot resolve this issue himself. This right is given to government agencies.
The Main List of Seasonal Works was approved more than 80 years ago by Decree of the People's Commissariat of Labor of the USSR No. 185 of October 11, 1932. This resolution, and accordingly, the List, has not lost its force and is still in effect. Here are the works that are listed in it -.
But sometimes it happens that the work seems to be connected with the seasons, but lasts more than six months. In this case, work can be considered seasonal if it is included in the list determined by any industry (inter-industry) agreement. The agreement establishes the duration of such seasonal work. This norm is proposed by the same Article 293 of the Labor Code of the Russian Federation in the second part. Some of these industry agreements are presented, with examples of “extended” seasonal work.
There is another document that lists seasonal industries and types of activities for which deferment or installment payment of taxes is provided. This was approved by Decree of the Government of the Russian Federation No. 382 of 04/06/1999, and the latest changes were made to it in March of this year.
So, you can conclude an employment contract for a season not with any employee, but only if the job for which he is accepted is included in one of the Lists indicated above. On one very respected website I read the phrase:
“The work of travel agencies depends very much on the time of year. Therefore, in this case, managers and secretaries can be considered seasonal workers...”
These workers cannot be considered seasonal, since these types of work are not mentioned in any of the specified lists.
Features of an employment contract with a seasonal worker
First feature: the contract is always urgent. The contract term clause may look like this:
“The agreement is concluded for the period from 05/01/2014 to 10/31/2014. to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season), clause 3, part 1. Art. 59 Labor Code of the Russian Federation."
It should be noted here that the start and end dates of the seasons may differ in different regions of the Russian Federation. For example, the beginning and end of the heating season are set by the local government depending on the air temperature. Therefore, in the employment contract you can not indicate the end of the term, but write “until the end of the season.”
And remember that the season does not necessarily last six months, it can be shorter or longer.
Second feature: The contract must indicate the seasonal nature of the work.
Feature three: The probationary period for a seasonal worker can be set depending on the period for which the employment contract was concluded. If the contract is concluded for a period of two to six months, then the trial period cannot exceed 2 weeks. If more than six months (in which case this work must be mentioned in the industry agreement), then up to three months. If less than two months, no probationary period is established.
Standards of the Labor Code of the Russian Federation for seasonal workers
Keep in mind that seasonal workers are subject to all labor legislation, including labor protection. They are also given instructions upon hiring (all three :)). They are also entitled to annual paid leave. But it is considered a little differently. Let's look at Article 295 of the Labor Code of the Russian Federation:
“Employees engaged in seasonal work are provided with paid leave at the rate of two working days for each month of work.”
That is, after working for six months, a seasonal worker earned not 14 calendar days of vacation, but only 12.
Features of termination of an employment contract
As we know from Article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon expiration of its validity period. In order to correctly formalize the dismissal of a seasonal worker, you must first notify him in writing about the date of dismissal at least three days before the expiration of the term. This general rule for terminating fixed-term employment contracts also applies to seasonal contracts.
If an employee wants to resign of his own free will, without waiting for the end of the season, then he has the right to notify the employer about this in just three calendar days, and not 2 weeks in advance, like ordinary employees.
If at the height of the season there is a reduction in staff or liquidation of an organization, then seasonal workers are warned not 2 months before dismissal, but only 7 calendar days, and the severance pay is only two weeks’ average earnings.
In accordance with Art. 289 of the Labor Code of the Russian Federation, employees with whom an employment contract has been concluded for a period of up to two months are recognized as temporary. An employment contract for a period of up to two months is usually concluded to replace a temporarily absent employee, for example, one on vacation. In other cases, such an agreement may be concluded for employees to perform unforeseen work, the completion period of which does not exceed two months. Unforeseen should be recognized as work that goes beyond the normal activities of the organization, that is, it does not correspond to the statutory directions of its activities. In cases where the employee continues to work after two months, that is, after the expiration of the employment contract, it turns into a contract with an indefinite duration. Concluding several employment contracts with an employee in a row for work for a period of up to two months also proves the emergence of an employment relationship for an indefinite period. Thus, an employee who, on the basis of an employment contract concluded with him, has worked for the employer for no more than two months can be recognized as temporary. These workers are subject to the specific legal regulations established for temporary workers.
In accordance with Art. 293 of the Labor Code of the Russian Federation, seasonal work is recognized as work that, due to climatic and other natural conditions, is carried out during a certain period (season) not exceeding six months. Decree of the Government of the Russian Federation of July 4, 2002 N 498 “On approval of the List of seasonal industries, work in organizations for which during the full season when calculating the insurance period is taken into account in such a way that its duration in the corresponding calendar year was a full year” defines work that may be recognized as seasonal, which requires proof of the following legally significant circumstances. Firstly, the employee performs work for a period of time (season) not exceeding six months. Secondly, the possibility of defining these works as seasonal based on the list approved by the Government of the Russian Federation.
The provision regarding the temporary nature of the work and the performance of seasonal work must be included in the employee’s employment contract, concluded in writing. The absence of written evidence of the conclusion of an agreement with an employee to perform temporary or seasonal work in the event of a dispute deprives the employer's representatives of the right to refer to witness testimony to confirm the performance of temporary or seasonal work. In this connection, the employee must be hired under an employment contract with an indefinite duration.
When hiring for a period of up to two months, no testing is imposed on employees. In accordance with Part 2 of Art. 294 of the Labor Code of the Russian Federation, when hiring for seasonal work, the probationary period cannot exceed two weeks. Establishing a probationary period for a temporary worker makes it possible to recognize the probationary condition of the employment contract as not subject to application. In this connection, the dismissal of a temporary employee as having failed the test is not allowed. An employment contract concluded with seasonal workers may include a probationary clause, the duration of which should not exceed two weeks. After this period of work, the employee is considered to have passed the test.
Employees who have entered into an employment contract for a period of up to two months may be required, with their consent, to work on weekends and non-working holidays within the working period. Work on weekends and non-working holidays is compensated by increased pay of at least double the amount. Seasonal workers are invited to work on weekends and non-working holidays on a general basis. The performance of these works can be compensated by both increased pay and the provision of other rest time, the duration of which cannot be less than the time worked on the specified days.
Temporary and seasonal workers have the right to paid leave at the rate of two working days for each month of work.
In accordance with Art. 291 of the Labor Code of the Russian Federation, temporary workers exercise this right by using paid vacation days or receiving compensation for unused vacation days. For two months of work, they are entitled to four working days of vacation, which can be granted with subsequent dismissal at the end of the employment contract. Seasonal workers on the basis of Art. 295 of the Labor Code of the Russian Federation exercises the right to leave on a general basis, that is, after six months of work. This leave can also be granted to them with subsequent dismissal at the end of the employment contract.
Temporary and seasonal workers must notify the employer in writing of their resignation at their own request no later than three days in advance. In this case, the presence of valid reasons does not affect the time of termination of the employment contract at the initiative of the employee. However, valid reasons for the dismissal of a temporary or seasonal worker must be indicated in the order of his dismissal and in the work record book.
The employer is obliged to warn a temporary employee about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing no later than three calendar days, and seasonal workers - no later than seven calendar days. The absence of written evidence of warning employees about the upcoming dismissal deprives the employer's representatives of the right, in the event of a dispute, to refer to witness testimony to confirm this warning. In this connection, the deadline for dismissal of a temporary or seasonal employee must be postponed, taking into account the employer’s violation of the obligation to warn about termination of the employment contract. For temporary workers, payment of severance pay upon dismissal at the initiative of the employer is not provided for by law. Although, on the basis of local acts of the organization and the labor contract, the employer, at his own expense, can pay severance pay when dismissing a temporary employee. When dismissing a seasonal worker for these reasons, the employer is obliged to pay him severance pay in the amount of two weeks' average earnings.
Work under an employment contract concluded for a period of up to two months is included in the length of service in proportion to the time worked, during which the employer paid the appropriate insurance premiums for the employee. In accordance with the said Decree of the Government of the Russian Federation of July 4, 2002 N 498, seasonal work in the insurance period must be taken into account for the full calendar year. That is, the off-season period is included in the work experience of a seasonal worker. However, the cost of the insurance year established by the Government of the Russian Federation must be observed. Decree of the Government of the Russian Federation dated February 6, 2004 N 52 “On the cost of the insurance year for 2002 - 2004” approved the cost of the insurance year in the following amount: for 2002 - 504 rubles; for 2003 - 756 rubles; for 2004 - 1008 rubles.
In this connection, another condition for including seasonal work in the length of service that gives the right to a pension lasting a calendar year is the payment of insurance premiums for the specified years in an amount that should not be less than that established by the Government of the Russian Federation. Payment of insurance premiums in a smaller amount may become the basis for including seasonal work time in the insurance period in proportion to the premiums paid. In this case, the length of service includes months that are fully paid based on the cost of the year established by the Government of the Russian Federation.
The criteria for creating special standards for regulating the labor of temporary and seasonal workers are the characteristics of the work they perform and the temporary nature of the labor relationship with the employer. These criteria also act as legally significant circumstances when deciding whether to recognize workers as temporary or seasonal. The lack of proof of these circumstances does not allow special legislation on temporary and seasonal work to be applied to employees.
Textbook "Labor Law of Russia" Mironov V.I.
- Personnel records management and Labor law
Read in the article:
- What do the concepts of “seasonal work” and “seasonal worker” include?
- How to formalize labor relations and conclude an employment contract with a seasonal worker
- What guarantees are provided to seasonal workers?
- How to properly fire a seasonal worker and fill out his work book
WHAT WORKS ARE CONSIDERED SEASONAL?
Seasonal work has certain specifics and is usually used only in some industries. Legal regulation of labor relations with persons employed in seasonal work is carried out in accordance with the norms of Chapter 46 of the Labor Code of the Russian Federation.
Lists of seasonal work, including individual seasonal work, which can be carried out over a period (season) exceeding six months, and the maximum duration of these individual seasonal works are determined by industry (inter-industry) agreements concluded at the federal level of social partnership (Part. 2, Article 293 of the Labor Code of the Russian Federation).
Seasonal work has the following signs:
- Due to climatic and other natural conditions.
- Performed during a certain period (season).
- The work season has a certain duration, depending on what two kinds works:
- the duration of which does not exceed six months (general rule);
- may exceed six months.
The duration of seasonal work is approved by the order on the main activities of the organization, and the required number of seasonal workers is approved by the staffing table.
WE FORMULATE LABOR RELATIONS
An employment contract for seasonal work is a type of fixed-term employment contract (paragraph 4, part 1, article 59 of the Labor Code of the Russian Federation), therefore, when drawing it up, special attention should be paid to indicating the basis (reason) for its urgency.
The sanatorium-resort institution Volzhskie Dawns LLC hired a physical therapy doctor, O. D. Mironova, for the period from May to September. How can I draw up a fixed-term employment contract with her for seasonal work?
Documenting labor relations with a seasonal worker is not much different from hiring a permanent employee - it is carried out according to general rules with the provision of all necessary documents (Article 65 of the Labor Code of the Russian Federation).
However, it must be remembered that when concluding a fixed-term employment contract for a period up to two months the test is not established, but during the term of the employment contract from two to six months- cannot exceed two weeks (Part 6, Article 70 of the Labor Code of the Russian Federation). 
If the duration of seasonal work over six months, the trial period is established on a general basis and, as a rule, cannot exceed three months.
We conclude an employment contract
When drawing up a fixed-term employment contract with a seasonal worker, in accordance with Art. 59 of the Labor Code of the Russian Federation, it is necessary to specify in the text of the document a condition regarding the period of its validity. Otherwise, the contract will be considered concluded for an indefinite period (permanent), and the employee will be considered hired for permanent work. In addition, on the basis of Art. 294 of the Labor Code of the Russian Federation, it is necessary to include in the employment contract a condition regarding the seasonal nature of the work (example 1).
We issue an order for employment
After concluding an employment contract with an employee, drawing up and signing an order for hiring him, it is necessary to make entries in the work book and personal card.
WE PROVIDE GUARANTEES
The rights of seasonal workers, like other workers, are guaranteed by the Constitution of the Russian Federation and the Labor Code of the Russian Federation. One of these rights is the right to rest (paragraph 6, part 1, article 21 of the Labor Code of the Russian Federation).
Employees engaged in seasonal work are provided with paid leave at the rate of two working days for each month of work (Article 295 of the Labor Code of the Russian Federation).
Vacation for a seasonal worker has some nuances:
- is calculated in working days(annual paid leave provided to other categories of employees - in calendar days);
- A seasonal worker has the right to use annual paid leave on a universal basis, that is, only after six months of continuous operation. Most often this coincides with the expiration of the employment contract.
What to do in such a situation?
A seasonal employee can exercise his right to rest upon dismissal in one of the following ways:
- By agreement of the parties, before the expiration of six months of continuous work, leave may be granted to the employee in advance.
- At the end of the term of the employment contract, the employee can take leave with subsequent dismissal (the day of dismissal is the last day of leave (Part 2, Article 127 of the Labor Code of the Russian Federation)).
- An employee may receive monetary compensation for unused vacation upon dismissal.
NOTE
According to Part 2 of Art. 127 of the Labor Code of the Russian Federation, providing an employee with unused vacation followed by dismissal is the right, and not the obligation, of the employer, who has the right to refuse the employee.
WE FIRED A SEASONAL WORKER
As a rule, an employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season) (Part 4 of Article 79 of the Labor Code of the Russian Federation), but it can also be terminated on the general grounds provided for in Art. 77 Labor Code of the Russian Federation.
According to Part 1 of Art. 79 of the Labor Code of the Russian Federation on termination of an employment contract due to the expiration of its validity by the employer must notify the employee in writing at least three calendar days before dismissal.
If an employee quits on his own initiative and wants to terminate the contract early, he must notify the employer within 3 days instead of 2 weeks.
The form of notification (warning) is not provided for by law, so it can be drawn up in any form (example 3).
After notifying the employee about the expiration of the employment contract, the employer issues an order for his dismissal (example 4).
The grounds for termination of the employment contract are entered in strict accordance with the wording of the Labor Code of the Russian Federation.
After the dismissal order is issued, an entry is made in the employee’s personal card and work book. The final payment is made on the day of dismissal, that is, on the last day of his work.
If the order to dismiss an employee cannot be brought to his attention or the employee refuses to familiarize himself with it upon signature, a corresponding entry is made directly on the document.
WE COMPLETE AN EMPLOYMENT RECORD
The employer maintains work books for both permanent and seasonal workers. For persons working part-time, work books are kept only at the main place of work (seasonal work can be both the main and part-time work for an employee).
Entries in the work book of an employee accepted under a fixed-term employment contract are made according to the general rules (example 5) - on the basis of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69. In addition, the personnel employee must be guided by the Rules for maintaining and storage of work books, production of work book forms and provision of them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (as amended on March 25, 2013).
Entries made in the work book are certified by the seal and signature of the manager (or the person responsible for maintaining work books), as well as the signature of the employee himself.
On the day of dismissal, a corresponding entry is made in the book for recording the movement of work books and inserts in them, and the dismissed employee signs in it to receive the work book in hand.
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