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Publication date: 19.05.2024
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Legal regulation of the work of seasonal workers
The spring-summer season is not only a time for vacations, trips, walks, fresh fruits and vegetables. This is also the time for seasonal work. After all, it is in the spring-summer period that enterprises of certain branches of the economy, for example, "farmers" intensify their activities and need additional workers.
Article 7 of the Code of Labor Laws of Ukraine stipulates that the specifics of regulating the work of seasonal workers shall be established by legislation. As of today, the Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 No. 310-IX "On the working conditions of workers and employees engaged in seasonal work" (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).
Seasonal should be considered employees who are hired for seasonal work, that is, for work that, in accordance with Article 1 of Decree No. 310, due to natural and climatic conditions, is not performed all year round, but during a certain period (season), which does not exceed six months and which are included in the list of seasonal jobs listed 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 (hereinafter - the List).
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Therefore, a seasonal employment contract is a type of fixed-term employment contract, and seasonal work is considered to be characterized by the following mandatory features:
• cannot be performed throughout the year as a result of natural and climatic conditions and therefore is performed only during a certain period not exceeding 6 months;
• the type of work and industry are included in the List of seasonal jobs and seasonal industries.If at least one of the above conditions is not met, then such work is not considered seasonal, and the employee is not seasonal.
Registration for seasonal work
The registration procedure for seasonal workers is carried out in accordance with the generally established procedure defined by the Labor Code.
The employee writes an application for employment. Based on the application, the employer issues a hiring order. With his signature, the employee confirms the fact that he is familiar with the order and agrees with the conditions specified in the order. The employer submits a notification to the DPS about hiring an employee and makes an entry in the employee's labor book at his request.
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 (Article 3 of Decree No. 310), which is reflected in the order (order) on hiring, which states that the employee is hired specifically for seasonal work.
At the same time, seasonal workers are subject to the terms and conditions stipulated by the Rules of Internal Labor Procedures and the collective agreement in force at the enterprise, in particular:
• duration of working hours and rest;
• payment forms and systems;
• salary schemes;
• amounts of allowances, additional payments, bonuses and other incentive, compensation and guarantee payments, conditions and labor protection, etc.
Seasonal workers are also guaranteed the right to temporary disability pay.
In accordance with the ninth part of Article 6 of the Law of Ukraine dated November 15, 1996 No. 504/96-BP "On Vacations", seasonal employees have the right to annual vacations on an equal basis with other employees.
Leave is granted to such employees in proportion to the time worked. Therefore, since Article 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.
Dismissal of seasonal workers
Dismissal of employees engaged in seasonal work is carried out after the expiration of the term of seasonal work on the grounds provided for in Clause 2 of Article 36 of the Labor Code - expiration of the term.This does not require his application for dismissal and a warning to the employer about the subsequent dismissal of the employee for the specified reason. 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. Therefore, employers should not forget to terminate labor relations with seasonal workers in time, otherwise they will acquire the status of permanent workers.
In addition, employees engaged in seasonal work have the right to prematurely terminate the employment contract of their own accord by notifying the employer in writing three days in advance.
At the initiative of the employer, the employment contract can be terminated in the general cases provided for in Articles 40 and 41 of the Labor Code, as well as on additional grounds provided for in Article 7 of Decree No. 310, in particular, in the case of:
• suspension of work at the enterprise for a period of more than 2 weeks for reasons of a production nature;
• in the case of an employee's absence from work due to temporary incapacity for work, continuously for 1 month (however, in case of incapacity for work due to an accident or occupational disease at work, the employee's place of work is kept until the restoration of working capacity or the establishment of disability , but no more than until the end of the seasonal employment contract).
