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Publication date: 14.05.2024
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The State Labor Office explained the specifics of regulating the work of seasonal workers
The Department of State Labor in Khmelnytskyi region provided an explanation regarding the specifics of the legislative regulation of temporary and seasonal workers.
Article 7 of the Code of Labor Laws of Ukraine stipulates that the specifics of labor regulation of temporary and seasonal workers shall be established by legislation. Today, the Decree of the Presidium of the Supreme Soviet of the USSR "On working conditions of workers and employees engaged in seasonal work" of September 24, 1974 No. 310-IX (hereinafter - the Decree) is in force in Ukraine (in the part that does not contradict the Constitution of Ukraine and the legislation of Ukraine) No. 310). According to Art. 1 of the said Decree seasonal work is considered to be work that, due to natural and climatic conditions, can be performed only during a certain period (season), but not more than 6 months.
A seasonal employment contract is a type of fixed-term employment contract. It is concluded for a period not exceeding the duration of the season, which, in turn, cannot exceed six months. That is, seasonal works are considered to be characterized by the following features:
1) are contained in the List of seasonal jobs and seasonal industries approved by Resolution No. 278 of the Cabinet of Ministers of Ukraine dated March 28, 1997;
2) their duration does not exceed six months.
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Thus, when hiring for seasonal work, an employment contract with an employee can be concluded for a period that does not exceed the duration of the season, i.e. 6 months.
It should be noted that when concluding a seasonal employment contract, the employer is obliged to warn the employee about the seasonal nature of the work (clause3 of Decree No. 310), which is reflected in the order (order) on hiring, in which it is noted that this employee is hired specifically for seasonal work. The employee cannot be admitted to work without concluding an employment contract drawn up by order or order of the owner or an authorized representative of the body, and notification of the central body of executive power on issues of ensuring the formation and implementation of the state policy on the administration of a single contribution to the mandatory state social insurance on hiring an employee in accordance with the procedure established by the Cabinet of Ministers of Ukraine. It is also necessary to keep in mind that a trial period is not established when concluding a seasonal contract (clause 5 of Decree No. 310).
It is important to know that seasonal workers are subject to the terms and conditions stipulated by the Rules of Internal Labor Regulations and the collective agreement in force at the enterprise (duration of working hours and rest, wages, material incentives, conditions and labor protection, etc.).
It should be noted that in accordance with part 9 of Art. 6 of the Law of Ukraine "On Vacations" seasonal employees are granted vacation in proportion to the time worked. Therefore, since Clause 10 of Decree No. 310 does not provide for the right to vacation and monetary compensation in lieu of unused vacation days for seasonal employees, such a provision cannot be applied, as it contradicts the Law.
Employees engaged in seasonal work, after the end of such work, are dismissed on the grounds provided for in Clause 2 of Art. 36 of the Labor Code, - expiration of the term. In this case, the day of dismissal will be considered the last day of seasonal work.If the employee continues to work after the end of the seasonal work or the duration of such work exceeds six months, the employment contract with this employee will be considered as concluded for an indefinite period.
However, according to Clause 6 of Decree No. 310, seasonal workers under the conditions specified in Art. 39 of the Labor Code of Ukraine (in the case of his illness or disability, which prevents the performance of work under the contract, violation by the owner or a body authorized by him of labor legislation, a collective or labor agreement and in the cases provided for in part 1 of Article 38 of the Labor Code of Ukraine) have the right to early termination of their own initiatives to terminate the employment contract. At the same time, seasonal workers notify the employer in writing of their dismissal 3 days in advance.
The employer, on his own initiative, has the right to dismiss an employee engaged in seasonal work before the end of the term of the employment contract, in addition to the general grounds provided for by the labor legislation of Ukraine, as well as on the additional grounds established in Clause 7 of Decree No. 310. In particular, in the case of: termination of work at the enterprise for a period of more than two weeks for reasons of a production nature or reduction of work at this enterprise; non-appearance of an employee at work continuously for more than one month due to temporary incapacity.
