Seasonal worker - personnel issues. Fixed-term employment contract for seasonal work and its features

It happens that the presence of a seasonal factor has a strong influence on the conduct of business by an entrepreneur. The simplest example, of course, is agriculture, or rather crop production - the season lasts about six months from May to October inclusive.

Another example is the work of a travel agency - it is quite obvious that the peak of work for managers and other workers occurs during the same summer period. The catch is that the first example can be considered seasonal work, but the second cannot.

Why this situation arises and when it is possible to sign an employment agreement with an employee only for a season will be discussed below, and an automatic system will help to prepare the necessary documents online service.

Fixed-term employment contract

First, I’ll tell you why you need to know about this at all. It is important for an individual entrepreneur (or the head of an LLC) and his employee to know their rights and obligations: any employee wants to be maximally protected by the provisions of labor legislation, but the entrepreneur should have a desire to correctly formalize his relationship with the employee in order to avoid not very pleasant proceedings with regulatory government bodies .

A seasonal contract is a fixed-term employment contract. Seasonal work itself has its own characteristics, therefore it is regulated by a separate chapter 46 of the Labor Code of the Russian Federation.

The peculiarities of seasonal work put workers in somewhat worse conditions compared to ordinary workers, so it is often beneficial for the employer to conclude just such an agreement, although his actions are completely unlawful. So, in what situations would signing a contract for a season not be a violation of the law?

When is a contract for a season legal?

Let's start with what kind of work is recognized as seasonal according to the Labor Code of the Russian Federation. This definition is given in Art. 293. This type of work includes those that, due to climatic conditions (or other natural reasons), can only be performed for a certain period (season), usually 6 months. I’ll say right away that 6 months is not a strict limit, the season can last a little more or less, it all depends on the conditions and the specific type of work.

The seasonality of work is determined by law; the entrepreneur himself cannot decide that the work he offers is seasonal. Where can I see a list of such works? There are several documents that need to be taken into account, we will highlight three of them separately:

• Resolution of the People's Commissariat of the USSR No. 185 of October 11, 1932 - the date of the document should not confuse anyone, it is still valid to this day.
• Decree of the Government of the Russian Federation No. 382 of 04/06/1999 is also a valid document approving the list of seasonal activities for which there is a deferment / installment plan for paying taxes.
• Decree of the Government of the Russian Federation No. 498 of 07/04/2002 - approves the list of seasonal industrial sectors, the enterprises of which have features in calculating the insurance period.

These lists are basic. When working in a specific sector of the economy, you also need to pay attention to the presence of industry (as well as inter-industry) agreements. They may also contain lists of work that are considered seasonal - in this case, the timing of the season is also established, since it can last more than six months. There are such agreements for organizations in the timber industry, housing and communal services, and automobile/urban ground transport (passenger transportation).

It turns out that you can sign an employment agreement with an employee for a season only when the work offered to him is truly seasonal - that is, included in any of the lists given above. The lists of seasonal work that we have named overlap in many ways. That is why work in crop production is recognized as seasonal, but summer work in a travel agency is not.

An example of concluding a fixed-term employment contract: you are the owner of a strawberry farm. You have 15 hectares of land on which you need to lay out beds, fertilize, plant strawberries, take care of them every day in order to ultimately get a good harvest. Naturally, one cannot cope alone; helpers are needed. Hundreds of people want to help you in a crowd, for a purely symbolic and modest monetary reward.

You happily accept offers, but the question arises: how to properly formalize short-term industrial relations with people? After all, you will need their services only for the summer period, and what if one of them does not want to quit in the fall, directly saying: no, now give me a permanent salary!

Grounds for concluding a fixed-term employment contract

For what period is it concluded?

The maximum term of a fixed-term employment agreement is five years, the minimum period is unlimited ().

Features of a fixed-term employment contract

One of the features is the obligation to indicate the reasons why a contract with a limited duration is concluded. offers a complete list of grounds on which a fixed-term employment agreement is concluded. If the text of the document does not contain grounds for its conclusion, then by court it can be recognized as unlimited ().

It is necessary to specify the end date or indicate an event indicating the end of the work ().

Test for a fixed-term employment contract

The test in this case depends on the duration of the contract. If the period is less than two months, a trial period is not established ().

If the duration of the temporary contract is between two and six months, the trial cannot exceed two weeks ().

Fixed-term employment contract and pregnancy

Yes, it also happens... In this case, the employer, according to , will have to demand (but very gently!) from the employee an appropriate medical certificate confirming her interesting condition, and extend the temporary agreement until the end of the pregnancy, i.e. actually before birth. When the baby is born, you can say goodbye to her, but until that moment you cannot.

However, options are also possible. If, instead of a pregnancy certificate, a girl brings a temporary disability certificate form established by law, where pregnancy is indicated in the justification for its issuance, as well as a statement of desire to go on paid leave (it doesn’t matter how long she worked for you, even a week), the employer will have to prepare and sign the corresponding order. Because, according to Article 260 of the Labor Code of the Russian Federation, before maternity leave (or after it), the employer is obliged to provide the woman with annual paid leave, regardless of the time she worked for him.

Therefore, it turns out that instead of three summer months, some legally literate girls can hold out in temporary work longer.

Vacation on a temporary contract

Persons who have signed a temporary employment contract have the same rights as persons who have fixed production relations for an indefinite period.

Therefore, if the term of the temporary work agreement allows the employee to go on annual paid leave, the rest is provided on a general basis.

If the time frame does not allow, then upon dismissal the accounting department will provide the employee with appropriate monetary compensation.

Rules for dismissing a temporary employee

According to Article 79 of the Labor Code of the Russian Federation, a fixed-term contract ends with the expiration of its validity period; this is an independent basis for terminating a working relationship.

The employee is warned about the termination of the contract in writing at least three calendar days before his dismissal under a temporary employment agreement. You can download a free sample of a fixed-term employment contract with an employee for 2019 below.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer undertakes to provide the Employee with work in the position of _________________________________.

1.2. The Employee’s place of work is ______________________, located at the address: _________________________.

1.3. The work is the main one for the Employee.

1.4. The employee reports directly to __________________________.

1.5. The Employee’s work under the contract is carried out under normal conditions.

1.6. The employee is subject to compulsory social insurance against accidents at work and occupational diseases.

2. DURATION OF THE AGREEMENT

2.1. The employee must begin performing his job duties from "___"________ ___.

2.2. This agreement is a fixed-term agreement and is valid until "___"________ ___.

2.3. The fixed-term contract was concluded due to the fact that the work is seasonal 1.

3. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid in the amount of _____ (__________) rubles for ____________ with wages paid ___ once a month in the following terms: ______________________.

3.2. The Employee's wages are paid by issuing cash by the Employer (option: by transfer to the Employee's bank account).

4. WORKING AND REST TIME REGIME

4.1. The employee is assigned a five-day work week with two days off (or a six-day work week with one day off, a work week with days off on a sliding schedule, a part-time work week) lasting 40 (forty) hours).

4.2. The employee is provided with paid leave at the rate of two working days for each month of work.

4.3. 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.

4.4. 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.

4.5. For family reasons and other valid reasons, the Employee, based on his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation.

5. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

5.1. The employee has the right to:

Conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

Providing him with work stipulated by clause 1.1 of the contract;

A workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours;

Providing weekly days off, non-working holidays, paid annual leave;

Complete reliable information about working conditions and labor protection requirements in the workplace;

Protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;

Compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

Compulsory social insurance in cases provided for by federal laws;

Other rights granted to employees by the labor legislation of the Russian Federation.

5.2. The employee is obliged:

Conscientiously fulfill his labor duties assigned to him by the employment contract;

Comply with internal labor regulations and other local regulations of the Employer;

Maintain labor discipline;

Comply with established labor standards;

Comply with labor protection and occupational safety requirements;

Treat with care 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;

Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including property of third parties owned by the Employer, if the Employer is responsible for the safety of this property).

6. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

6.1. The employer has the right:

Encourage the Employee for conscientious, effective work;

Demand that the Employee fulfill his job duties and take care of the property of the Employer (including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with internal labor regulations;

Bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

Adopt local regulations;

Exercise other rights granted by the labor legislation of the Russian Federation.

6.2. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;

Provide the Employee with work stipulated by the employment contract;

Ensure safety and working conditions that comply with state regulatory labor protection requirements;

Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

Pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, and the employment contract;

Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity;

Provide for the Employee’s everyday needs related to the performance of his job duties;

Carry out compulsory social insurance of the Employee in the manner established by federal laws;

Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and employment contracts.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

8. WARRANTY AND COMPENSATION

8.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensation provided for by the labor legislation of the Russian Federation and this agreement.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure or improper performance by the Employee of his duties specified in this agreement, violation of labor legislation, as well as causing material damage to the Employer, he bears financial and other liability in accordance with the labor legislation of the Russian Federation.

9.2. The Employee is obliged to compensate the Employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the Employee.

9.3. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

9.4. In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and (or) inaction of the Employer.

10. TERMINATION OF AN EMPLOYMENT CONTRACT

10.1. This employment contract may be terminated on the grounds provided for by the current legislation of the Russian Federation.

10.2. The Employee is obliged to notify the Employer in writing of the early termination of the employment contract three calendar days in advance.

10.3. The Employer is obliged to notify the Employee of 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 at least seven calendar days in advance.

10.4. Upon termination of an employment contract with an Employee due to the liquidation of the organization, reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks' average earnings.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and are not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. 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.

11.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation.

11.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

12. DETAILS OF THE PARTIES

12.1. Employer:

Name: _________________________________________________,

address: ________________________________________________________,

TIN _____________________________, checkpoint ________________________________,

settlement account ______________________________ in __________________________,

BIC ______________________________.

12.2. Worker: _______________________________________________,

passport: series ____________________, number ____________________,

issued by _____________________________________ "___"________ ___,

registered at the address: _________________________________.

SIGNATURES OF THE PARTIES:

1 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 performed during a certain period (season), usually not exceeding six months.

To perform not any work, but only seasonal work. The seasonal nature of the work is a distinctive feature of this type of employment contract, which also determines its special duration - a certain period (season).

note!

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”.

That is, previously the term of an employment contract concluded with seasonal workers could not exceed 6 months. Now, in addition to this general rule, the period of validity of an 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 work, the duration of which may exceed 6 months, the maximum duration of these individual seasonal work, as stated earlier, is determined by industry (inter-industry) agreements concluded at the federal level of social partnership.

Contracts with seasonal workers are a type of fixed-term employment contracts. Article 59 of the Labor Code of the Russian Federation directly provides the basis for concluding this fixed-term employment contract: “ to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season)».

The general provisions of labor legislation on fixed-term employment contracts with some features established by Chapter 46 of the Labor Code of the Russian Federation apply to employment contracts with seasonal workers.

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 for concluding this type of fixed-term employment contract is the seasonal nature of the work. According to Article 294 of the Labor Code of the Russian Federation, the condition regarding the seasonal nature of the work 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 Article 65 of the 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 on hiring (form No. T-1, T-1a) and entries are made in the employee’s work book and other personnel documents.

Based on Article 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 can be interpreted as accepting a permanent job for an indefinite period.

Based on Federal Law No. 90-FZ, Part 2 of Article 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 two weeks.

Now seasonal workers are subject to the general rules on the probationary period established by Article 70 of the Labor Code of the Russian Federation. The probationary period cannot exceed three 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.

Although Article 70 of the Labor Code of the Russian Federation makes it possible to establish in a collective agreement a provision for workers engaged in seasonal work, in accordance with which they do not have to establish.

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 established by Article 296 of the Labor Code of the Russian Federation.

As a general rule, it terminates upon expiration of its validity period, of which the employee must be warned in writing at least three calendar days before dismissal (Article 79 of the Labor Code of the Russian Federation).

If the employee actually continues to work after the expiration of the fixed-term employment contract, 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 of the early termination of the contract, three calendar days in advance (Article 296 of the Labor Code of the Russian Federation), and not two weeks in advance, as is provided for ordinary employees.

The same article establishes the obligation for an employer 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 seven calendar days in advance. In this case, the employee who was employed in seasonal work is paid severance pay. The amount of severance pay is established in Article 296 of the Labor Code of the Russian Federation: two-week average earnings.

Note!

The period calculated in calendar days also includes non-working days. According to Article 14 of the Labor Code of the Russian Federation, if the last day of the period falls on a non-working day, then the day of expiration of the period is considered to be the next working day following it.

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), termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation), by agreement of the parties (Article 78 Labor Code of the Russian Federation) as well as other grounds provided for in Article 77 of the Labor Code of the Russian Federation.

SAMPLE EMPLOYMENT AGREEMENT WITH SEASONAL WORKERS

EMPLOYMENT AGREEMENT No._

city____________ "___"___________200__

Represented by______________________________

(name of the organization should be indicated in full) (position of the authorized person of the organization, full name)

valid____ on the basis of_____from “___”_____________200__,

(name of the document granting the employer’s representative the appropriate powers, its date, number, issuing authority)

we refer to___ hereinafter as the “Employer”, on the one hand, and _________________________________________, hereinafter referred to as___ as the “Employee”,

(full full name)

on the other hand, have entered into this agreement as follows:

1. Subject of the employment contract

1.1. The employee is hired for seasonal work by the Employer for the position ___________________________________________________.

1.2. Work for the Employer is the main place of work for the Employee.

1.2. This agreement is concluded for a period of 6 (six) months and is valid from “__” _______ 200_ to “__” _______ 200_.

1.3. The Employee's immediate supervisor is ______________.

1.4. The employee is obliged to start work from “___”_________________200__.

1.5. If the Employee does not start work within the time specified in clause 1.4. of this employment contract, then the contract is canceled in accordance with Part 4 of Article 61 of the Labor Code of the Russian Federation.

2. Rights and obligations of the employee

2.1. The employee has the rights:

The right to provide him with the work specified in paragraph 1.1 of this employment contract;

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 labor 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:

Submit to 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:

Comply with labor protection and occupational safety requirements;

Use working time only for the purpose of performing work duties under this employment contract;

Treat with care the property of the Employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property) and other employees;

If situations arise that pose a threat to the life, health of people, or the safety of the Employer’s property, notify the Employer immediately;

Perform other duties provided for by labor legislation.

3. Rights and obligations of the Employer

3.1. The employer has the right:

Require the Employee to properly perform the job 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:

3.2.1. provide the Employee with the work specified in clause 1.1 of this employment contract;

3.2.2. pay in full the wages due to the Employee within the time limits established by this employment contract;

3.2.3. familiarize the Employee with the Internal Labor Regulations and other local regulations related to the Employee’s labor function, the collective agreement and labor protection requirements;

3.2.4. provide the Employee with technical documentation, equipment, tools and other means necessary to perform the duties assigned to him;

3.2.5. ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation;

3.2.6. carry out compulsory social insurance of employees in the manner established by federal laws;

3.2.7. comply with the norms of working time and rest time in accordance with this agreement and current legislation;

3.2.8. compensate for damage caused to the Employee in connection with the performance of his labor duties;

3.2.9. provide for the Employee’s household needs related to the performance of his job duties;

3.2.10. at the request of the Employee, provide him with a certificate of work performed in order to enter information about part-time work in the work book;

3.2.11. perform other duties provided for by labor legislation.

4. Work and rest schedule

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 this employment contract 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. Terms of payment

5.1. For the performance of work stipulated by this employment contract, the Employee is paid a salary in the amount of ______________________________ rubles per month.

5.2. Wages are paid at the Employer's cash desk on the _____ 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 no less than 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. Guarantees and compensations

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 provide the Employer with 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 the 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 three 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. this employment contract. The Employee must submit a written application for early termination of the employment contract to the Employer at least three calendar days before the deadline specified in clause 8.1. this employment 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 three 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.

10. Final provisions

10.1. The terms of this employment contract are legally binding on the parties.

10.2. Changes and additions to this employment contract are formalized by an additional written agreement of the parties.

10.3. 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.

10.4. 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).

10.5. 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.

11. Addresses and details of the parties:

Employer:

Legal address:__________________________________________________________

Mailing address:______________________________________________________________

Taxpayer Identification Number____________________

Bank details

Employer:

(indicate job title, signature, transcript of signature)

Worker:___________________________________________________________________

Passport: series________No._______issued "_"_______ __year ________________________

____________________________________________________________________________

registered at:__________________________________________________________

lives at:______________________________________________________________

telephone:_______________________

Worker:

______________/______________/

“The second copy of the employment contract No. dated “_”______20__. received" ______/______/

(signature, transcript of signature)

You can find out more details regarding the specifics of concluding employment contracts with part-time, temporary and seasonal workers in the book by the authors of BKR-INTERCOM-AUDIT JSC “Employment contract with part-time, temporary and seasonal workers. Legal regulation. Practice. Documentation".

Employment contract (relationships) with seasonal workers

Currently, many organizations carry out activities that directly depend on the time of year or climatic conditions. When such organizations have a need for labor (for example, when carrying out sowing or harvesting work, when carrying out snow removal work, when the heating season begins in organizations operating boiler houses, and so on), they hire additional workers, so-called seasonal workers for a certain period.

In this article we will consider the procedure for concluding and terminating employment contracts with seasonal workers, as well as some features of labor relations with employees performing seasonal work.

The specifics of regulating the labor of seasonal workers are established by Chapter 46 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

Seasonal workers are persons with whom an employment contract has been concluded to perform not any work, but only seasonal work.

Seasonal work, according to Article 293 of the Labor Code of the Russian Federation, is work that, due to climatic and other natural conditions, is carried out during a certain period (season), not exceeding, as a rule, six months.

Sometimes the period of seasonal work can exceed six months.

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. As an example of industry agreements, one can cite the Industry Tariff Agreement in the housing and communal services of the Russian Federation for 2014 - 2016, approved by the Ministry of Regional Development of Russia, the All-Russian industry association of employers "Union of Public Utilities", and the All-Russian Trade Union of Essential Workers on September 9, 2013.

To determine the categories of work classified as seasonal, one can be guided by the List of seasonal work, approved by Decree of the People's Commissariat of Labor of the USSR dated October 11, 1932 No. 185. According to this List, seasonal work includes, in particular, icebreaking work, snow and ice removal work, logging, rafting and related work, peat work and others.

In addition to this List, employers may be guided by other documents, 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 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.

To perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season), a fixed-term employment contract is concluded, as indicated by Article 59 of the Labor Code of the Russian Federation.

The general provisions of labor legislation on fixed-term employment contracts with some features established by Chapter 46 of the Labor Code of the Russian Federation apply to employment contracts with seasonal workers. Thus, according to Article 294 of the Labor Code of the Russian Federation, the condition regarding the seasonal nature of the work must be indicated in the employment contract. Also, in the text of the employment contract with seasonal workers, the employer must indicate the period of its validity, which can be determined by a calendar date or the occurrence of a certain event (end of harvest, ice drift, end of the season, etc.), 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.

Documentation of labor relations with a seasonal worker is carried out on the general basis provided for by the labor legislation of the Russian Federation for hiring.

In accordance with Article 65 of the Labor Code of the Russian Federation, when concluding an employment contract, a person concluding an employment contract for seasonal work, like any other employee, is obliged to present the following documents to the employer:

– passport or other identity document;

– work book;

– insurance certificate of compulsory pension insurance;

– military registration documents – for those liable for military service and persons subject to conscription for military service;

– a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training.

According to Article 68 of the Labor Code of the Russian Federation, when hiring an employee on the basis of a concluded employment contract, an order (instruction) of the employer is issued on hiring and entries are made in the employee’s work book and other personnel documents. Let us recall that the unified form of the order (form No. T-1) was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment.”

Based on Article 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.

Let us note that the general rule established by 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 authorized representative) is of little use with seasonal workers. 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 can be interpreted as accepting a permanent job for an indefinite period.

Seasonal workers are subject to the general rules on the probationary period established by Article 70 of the Labor Code of the Russian Federation. Thus, if an employment contract with a seasonal worker is concluded for a period of up to two months, then such an agreement cannot contain a condition on testing when hiring. If the employment contract is concluded for a period of two to six months, then the probationary period cannot exceed two weeks. The absence of a probationary clause in the employment contract means that the employee was hired without a trial.

According to Article 295 of the Labor Code of the Russian Federation, seasonal workers are provided with paid leave at the rate of two working days for each month of work. Also, compensation upon dismissal for unused vacations is also paid at the rate of two working days per month of work.

Please note that the calculation of the amount of vacation pay, the amount of compensation upon dismissal for unused vacations is carried out on the basis of Article 139 of the Labor Code of the Russian Federation, as well as the Regulations on the specifics of the procedure for calculating the average salary, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the specifics of the procedure calculation of average wages."

Example

The organization entered into an employment contract with a seasonal employee, according to which the employee was hired from April 1 to August 31, 2015. In accordance with the terms of the agreement, the organization pays him a monetary reward in the amount of 100,000 rubles.

The number of working days in terms of a 6-day working week for this period is 127 days (in April, August - 26 days, in May - 23 days, in June - 25 days, in July - 27 days).

Since the employee has worked 5 full calendar months, he is granted 10 working days of leave.

Let's determine the average salary:

100,000 rubles / 127 days = 787.4 rubles.

Let's calculate the amount of vacation pay:

787.4 rubles x 10 days = 7,874 rubles.

The specifics of terminating an employment contract with seasonal workers are established by Article 296 of the 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 three calendar days before dismissal (Article 79 of the Labor Code of the Russian Federation).

If the employee actually continues to work after the expiration of the fixed-term employment contract, 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 performing seasonal work may, on his own initiative, terminate his employment contract with the employer early. The employee is obliged to notify the employer in writing of the early termination of the contract three calendar days in advance, which follows from Article 296 of the Labor Code of the Russian Federation, and not two weeks in advance, as is provided for ordinary employees.

Let us note that this article establishes the obligation for the employer 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 at least seven calendar days in advance, and also to pay In this case, severance pay in the amount of two weeks' average earnings.

Please note that 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), termination of the employment contract due to 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 of the Russian Federation) as well as other grounds provided for in Article 77 of the Labor Code of the Russian Federation.