What is seasonal work? Reception and employment of seasonal workers

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, by its nature, an employment contract is for seasonal work is a type of fixed-term contract, then 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 companies (Article 252 of the Labor Code of the Russian Federation). At the same time, the main rule that the 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 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 general provisions 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.

In the same time Special attention It is recommended to pay attention to consolidating the grounds for concluding a fixed-term employment contract when registering labor 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. Moreover, in case judicial trial Regarding illegal dismissal, the employee may demand reinstatement at work and compensation for average earnings for the period of forced absence.

Articles in this section

What do employers confuse between part-time and part-time jobs?
One of the issues in which HR is still sometimes confused is part-time and combined work. Despite the consonance of the terms, they have serious differences, and they are spelled out in Art. 60.1 and 60.2, as well as in Art. 282 of the Labor Code of the Russian Federation. Let's look at the question and pay attention to the important nuances.
What should you know when hiring disabled employees or how to determine disability?
In accordance with Part 1 of Article 21 Federal Law dated November 24, 1995 No. 181-FZ “On social protection of disabled people in Russian Federation", companies with more than 100 employees must create jobs for people with disabilities. But they remember...
What are the benefits of remote work?
IN last years Companies are increasingly entering into remote employment contracts with employees. This is not surprising: today many specialties, for example, medical and sales representatives, merchandisers, etc. – associated with travel. The article is published in…
What risks are fraught with a fixed-term employment contract for a project?
Project work is a well-known and popular term in recent years. But it also poses many risks for employers. It is no coincidence that an employment contract for a project is one of the most difficult topics for business.
How to terminate a fixed-term employment contract at a “maternity rate”?
While one of the employees is on maternity leave and then on maternity leave, you open a “maternity” rate. But sooner or later the main worker returns, and it’s time to part with the temporary one.
Transfer of an employee to another unit within the city boundaries
Let's consider in what cases a company has the right to unilaterally change the terms of an employment contract and transfer an employee from one structural unit to another, when they are located in different parts of the locality.
How to correctly transfer an employee from a part-time job to his main place of work?
A common situation: an employee who worked part-time for you brought a work book because he quit another job. And now you are his main employer. There is only one detail left - to re-register it. In practice, this is done periodically...
Employment contract with the director: to be or not to be?
The Russian Ministry of Finance and Rostrud are confident that the employment contract with the director is sole founder companies cannot be concluded because there are no labor relations. However, the Russian Ministry of Health and Social Development, foundations and judges have a different opinion. As a rule, an employment contract with a manager...
Creative worker: features of labor relations
Creative workers are subjects labor law Therefore, they are subject to the provisions of labor legislation, labor and collective agreements, as well as agreements and other legal acts. Let's consider the regulatory regulation of the labor of creative workers. The Labor Code does not contain a clear definition...
Agreement with a regional representative
Depending on a number of conditions that will be discussed in the article, with regional representative can be concluded either civil contract(agreement for paid services/contractor agreement, agency contract) or an employment contract. The article is published in…
Agency labor and its imminent ban. How to work in new conditions
It is no secret that many employers attract workers from outside. However, with next year agency work will be prohibited. How to work in new conditions, read the article. The article is published as part of the collaboration HRMaximum...
Employment contract with the manager
When hiring a manager, who at the same time is the only participant in the company, the question very often arises: is it necessary to conclude an employment contract with him? Some experts insist that an employment contract cannot be concluded with oneself. However, this is a false statement.
Hiring a manager
The hiring process for the head of an organization takes place according to the general rules established by the Labor Code, with some peculiarities. A number of these nuances are associated with a fairly common situation when the head of an organization ( CEO, director) is at the same time its sole shareholder or participant.
Fixed-term employment contract
A fixed-term employment contract, by its legal nature, is a more convenient form for the employer, therefore, often, in pursuit of the advantages of such an agreement and the desire not to commit themselves to an employment relationship with an employee for an indefinite period, employers forget about the nuances of concluding and terminating this type of contract.
Violations of labor laws when hiring
Job vacancies in many organizations set certain requirements: age restrictions, presentable appearance, and sometimes even the presence of children. Refusal to hire based on these parameters is a violation of labor laws.
How to register a student intern for the summer
So we have sleepless nights and mountains of notes behind us, the results of the next session have been summed up, the time has come for the long-awaited vacation, but not for all students. Some of them are sent for practical training. How to formalize a relationship with an intern? Is it necessary to conclude an employment contract? Is the student entitled to any benefits?
We draw up an additional agreement to the employment contract
IN modern conditions employers have to make changes to the employment contract quite often. In some cases, the Labor Code obliges to conclude such an agreement. Therefore, it is important to consider the drafting additional agreement with full responsibility. Our article will help you decide on the design of the agreement and the wording necessary changes or additions.
We formalize labor relations for the season
There are a number of features that need to be taken into account when hiring seasonal workers. If this is not done, then contract of employment for a season can be qualified as a contract concluded with an employee for an indefinite period... For information on how to correctly draw up an employment contract with seasonal workers and what to pay attention to first, read the article
Employment contract with the employee
Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to ensure working conditions provided for by labor legislation and other regulations legal acts, containing labor standards...
Collective agreement: Rules for concluding
Regulation of labor and other relations directly related to them can be carried out by concluding, amending, or supplementing collective agreements by employees and employers (Article 9 of the Labor Code of the Russian Federation). Sometimes this is understood as an opportunity to include provisions in collective agreements that do not comply with the standards established by the Labor Code of the Russian Federation and other laws. What is a collective agreement and what are the rules for concluding and amending it, we will tell you in this article.
Termination of an employment contract by agreement of the parties
Dismissal by agreement of the parties - Code in Art. 78 identifies the agreement of the parties as an independent basis for termination of an employment contract: such a contract can be terminated at any time by agreement of its parties. Termination of an employment contract on this basis is possible only in the event of a concerted expression of the will of the employer and employee aimed at terminating the employment contract.
Features of a fixed-term employment contract
An employment contract is the main document concluded between an employer and an employee when hiring. According to Art. 56, an employment contract is considered an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work...
Work beyond "far away lands". We send a specialist to perform work at the counterparty’s site, formalize relations with him, make payments to him and pay taxes
Sometimes, in order to perform work for a customer counterparty, an organization needs to hire a qualified specialist on a temporary basis. For example, to connect equipment sold to a counterparty, a competent electrician is required, but the organization does not have such a specialist on staff. Moreover, according to the terms of the contract, connecting the equipment is the responsibility of the seller.
Employment contract with a home worker
Please bring approximate sample employment contract for a homeworker. What are the features of his conclusion?
Is it necessary to conclude an employment contract with a student intern?
Sometimes students turn to the head of the institution educational institutions with a request to undergo industrial or pre-graduate internship at this institution. Some employers agree to look at potential candidates, while others refuse due to the fact that the specialties obtained by graduates do not always correspond to the demand of organizations, as well as a lack of understanding of the status of a student undergoing internship in an organization.

Who should sign an employment contract with a hired director on behalf of the organization?
The employment contract with the employee does not specify a probationary period.
Is it possible to establish a probationary period by order of employment, familiarizing the employee with it?
How to correctly conclude a civil contract instead of an employment contract?
When hiring a new employee, they decide on the possibility of hiring him under a civil contract on a legal basis in order to reduce the organization’s tax expenses and obtain other benefits. What benefits are we talking about?

Seasonal work is work that, due to climatic and other natural conditions, is performed during a certain period (season), usually not exceeding 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 social partnership.

A COMMENT

Unlike the previous version of the article, which limited the duration of seasonal work to six months, the new version of this article provides that certain types of seasonal work may exceed the specified period in duration.

Significant changes have been made to the procedure for determining (approving) the list of seasonal work.

The previous version of the article contained a provision stipulating that the list of seasonal work should be approved by the Government of the Russian Federation. It should be noted that the corresponding list of seasonal work in pursuance of Art. 293 of the Labor Code of the Russian Federation was not approved by the Government of the Russian Federation.

The amendments made to the commented article establish that the lists of seasonal work, including individual seasonal work, which can be carried out during a period (season) exceeding six months, and the maximum duration of these individual seasonal work should be determined by industry (inter-industry) agreements, concluded at the federal level of social partnership.

Thus, this mechanism involves the adoption of an agreement signed by all-Russian associations of employers and trade unions with the participation of federal executive authorities. Such a list can also be developed and approved within the framework of the RTC.

Currently in force are Decrees of the Government of the Russian Federation dated 04/06/1999 No. 382 “On the lists of seasonal work and types of activities used for tax purposes” and dated 07/04/2002 No. 498 “On approval of the List of seasonal industries, work in organizations of which during the full season when calculating the insurance period, it is taken into account in such a way that its duration in the corresponding calendar year is a full year.”

According to the above decrees of the Government of the Russian Federation, seasonal work, in particular, includes work in forestry (afforestation and reforestation, including soil preparation, sowing and planting forests, caring for forest crops), seasonal work in organizations producing meat products, poultry processing and the production of canned meat, crop growing, fur farming, extraction, drying and harvesting of peat, etc.

However, it should be noted that the above-mentioned acts of the Government of the Russian Federation were adopted for purposes not related to the regulation of labor relations.

Article 294. Peculiarities of concluding an employment contract for seasonal work

The condition regarding the seasonal nature of the work must be specified in the employment contract.

Part two is no longer valid. - Federal Law of June 30, 2006 No. 90-FZ.

COMMENT 1.

The provision regarding the seasonal nature of the work is a mandatory condition of the employment contract, therefore the employee must be warned that he is being accepted for seasonal work.

An indication that the employee has been hired for seasonal work must also be in the order (instruction) of the employer on hiring him.

Taking into account the changes made to the commented article by Federal Law No. 90-FZ of June 30, 2006, it can be assumed that an employment contract for seasonal work can be concluded for a period exceeding 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 should be determined by industry (inter-industry) agreements concluded at the federal level of social partnership. 2.

The new edition has excluded from the contents of the article the provision according to which, when hiring workers for seasonal work, the probationary period cannot exceed two weeks. However, this does not mean a ban on the possibility of establishing a test for an employee when hiring him for seasonal work.

When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks (see Part 6 of Article 70 of the Labor Code of the Russian Federation and the commentary thereto).

Thus, when hiring an employee for seasonal work for a period of up to six months, he may be subject to a probationary period that cannot exceed two weeks.

For many employers, the spring-summer period is the time to attract additional workers to carry out temporary work. These works are seasonal in nature. We will talk about what problems an accountant of a company hiring seasonal workers may encounter in this article.

What is “seasonality” of work?

Seasonal work is work that, due to natural conditions, can only be performed during a certain period (season).

The duration of the season of the Labor Code of the Russian Federation is not limited, but, as a rule, it should not exceed six months (Article 293 of the Labor Code of the Russian Federation). However, in certain cases, taking into account local conditions, the season may last more than six months.

If the duration of work exceeds six months, the norms for regulating seasonal work are applied to them, for example, industry (inter-industry) agreements (Part 2 of Article 293 of the Labor Code of the Russian Federation).

Thus, the Industry Tariff Agreement in the housing and communal services of the Russian Federation for 2014-2016 establishes a List of seasonal work, which can be carried out during the period (season), which includes:

— production, transmission and sale of thermal energy (heating period);

— ensuring the safety of property and equipment for the production, transmission and sale of thermal energy (non-heating period).

Seasonal work in the forest industry is recognized as:

— logging industry (extraction of resin, barras, stump tar and spruce sulfur);

— timber rafting (discharge of wood into water, primary and raft timber rafting, sorting on water, rafting and rolling out wood from water, loading (unloading) of wood onto ships) (Industry agreement on organizations of the timber industry of the Russian Federation for 2015-2017).

The main document that classifies work as seasonal is the List of seasonal work, approved by Decree of the People's Commissariat of Labor of the USSR dated 11.10.32 No. 185 (hereinafter referred to as List No. 185). Here are some types of seasonal work from this list:

— repair work on railway lines, access roads and branches in operation, in particular:

a) gardening, turf, tree planting, planning work;

b) bridge (road) works; paving, highways;

c) work on summer repairs of the railway track: continuous raising of the track, changing sleepers and transfer beams, clearing gaps, changing the ballast layer and heaving soil; elimination and prevention of slips, cleaning of the canvas, slopes, embankments, recesses from grass thickets, cleaning of ditches, ditches and trays from dirt and debris;

— uprooting and cutting of stumps, performed separately from the main logging work;

— work at sugar factories directly related to the production of granulated sugar from beets, beet drying work in beet dryers, pulp drying work performed at sugar factories during sugar production;

— all work in potato production;

— work on storing eggs, poultry, feathers and down in warehouses, except for work on liming eggs;

— peat work, namely:

a) preparation of work (including timber harvesting and uprooting and cutting of stumps);

b) extraction, drying and harvesting of peat, except for work on mechanized units and power plants (hydropeat, milling and machine-molding extraction, work on forming tracks, etc.) performed by workers on a permanent staff.

Labor relations with seasonal workers

We hire seasonal workers

A fixed-term employment contract can be drawn up with a person hired to perform seasonal work (paragraph 3, part 1, article 59 of the Labor Code of the Russian Federation).

The condition regarding the seasonal nature of the work must be indicated in the employment contract (Part 1 of Article 294 of the Labor Code of the Russian Federation).

If the contract does not contain a provision regarding the seasonal nature of the work, such a contract is considered to be concluded for an indefinite period.

The contract for seasonal work may include a probationary period. As a general rule, the probationary period cannot exceed three months, and for managers, their deputies and chief accountants - six months. But for seasonal workers, different testing periods apply. According to Part 6 of Art. 70 of the Labor Code of the Russian Federation, when concluding an employment contract for a period of two to six months, the trial cannot last more than two weeks.

An employment order is issued on the basis of a fixed-term employment contract. To register it, the employer can use unified form No. T-1 1 . This order must reflect the seasonal nature of the work.

An entry on the hiring of a “seasonal worker” is entered into his work book in the same way as an entry on the employment of other employees. Instructions for filling work records(approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69) does not indicate the need to reflect the nature of the work - seasonal - in the work book.

Vacations for seasonal workers

All employees have the right to annual paid leave while maintaining their place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation). The duration of the vacation is at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Providing vacations to seasonal workers has its own characteristics.

So, according to Art. 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.

Note that, as a general rule, an employee’s right to leave arises after six months of continuous work (Article 122 of the Labor Code of the Russian Federation). Based on this norm, we can come to the conclusion that a seasonal worker can:

a) or upon dismissal, receive monetary compensation for unused vacation;

b) or go on vacation with subsequent dismissal (unless, by agreement of the parties, vacation was not granted to the employee before the expiration of six months on the basis of Part 2 of Article 122 of the Labor Code of the Russian Federation).

Insurance experience of seasonal workers

When calculating the insurance period, periods of work are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year (Clause 6, Article 13 of the Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”). This rule applies to periods of work during the full navigation period in water transport and during the full season in organizations of seasonal industries. Basis - 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 dated July 4, 2002 No. 498 (hereinafter referred to as the List No. 498)). The latest changes to this document were made by Decree of the Government of the Russian Federation dated June 10, 2014 No. 538 and are valid from January 1, 2015.

In particular, according to the changes made, the Ministry of Labor of Russia, in agreement with the Pension Fund of Russia, provides clarifications on the application of List No. 498, as well as the 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 as length of service for the appointment of a pension for a year of work, approved by Resolution of the Council of Ministers of the RSFSR dated July 4, 1991 No. 381 (hereinafter referred to as List No. 381), and the conditions for calculating the insurance period established by clause 2 of this resolution.

Note!

All of the above lists - No. 498, No. 381 and No. 185 will help determine whether specific work is seasonal.

The number of working days in 2015 in terms of a six-day working week for the period from June 1 to November 30 is 155 days (in June - 25, in July - 27, in August - 26, in September - 26, in October - 27, in November - 24).

Let's determine the average daily earnings of an employee:

150,000 rub. : 155 days = 967.74 rub.

Let's calculate the amount of vacation pay:

RUB 967.74 x 12 days = 11612.88 rub.

Compensation for unused vacation is not exempt from personal income tax (paragraph 7, paragraph 3, article 217 of the Tax Code of the Russian Federation). From the amount of compensation, the organization must withhold personal income tax, calculated at a rate of 13% (clause 1 of Article 224, clauses 1, 2, 4 of Article 226 of the Tax Code of the Russian Federation). The personal income tax amount will be 1,510 rubles. (RUB 11,612.88 x 13%).

Thus, the amount of compensation that the employee will receive in hand will be 10,102.88 rubles. (RUB 11,612.88 - RUB 1,510).

Since compensation for unused vacation is paid to the employee within the framework of the employment relationship, it is not exempt from insurance contributions for compulsory pension (social, medical) insurance, as well as compulsory social insurance against industrial accidents and occupational diseases. Grounds - Part 1, Art. 7, part 1 art. 8, sub. “d” clause 2, part 1, art. 9 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”; para. 2 p. 1 art. 5, paragraph 1, 2 art. 20.1, para. 6 subp. 2 p. 1 art. 20.2 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”).

The employer has the right to take into account the amount of compensation paid for unused vacation as part of labor costs (clause 8 of Article 255 of the Tax Code of the Russian Federation).

The employer has the right to provide workers who are hired to carry out seasonal field work with food. Income in kind in the form of providing food to workers hired to carry out seasonal field work is not subject to personal income tax (clause 44 of article 217 of the Tax Code of the Russian Federation).

1 After the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” came into force, that is, from January 1, 2013, non-governmental organizations have the right to use forms of primary accounting documents developed by them independently, taking into account all the mandatory details provided for by the aforementioned by law (see letters of Rostrud dated 01/09/2013 No. 2-TZ, dated 01/23/2013 No. PG/10659-6-1, dated 02/14/2013 No. PG/1487-6-1).

New edition of Art. 293 Labor Code of the Russian Federation

Seasonal work is work that, due to climatic and other natural conditions, is performed during a certain period (season), usually not exceeding six months.

Commentary on Article 293 of the Labor Code of the Russian Federation

By “seasonal work”, Article 293 of the Labor Code means:

Work that, due to climatic or other natural conditions, is performed only during a certain period (season) and cannot be performed throughout the entire calendar year;

The duration of the season cannot exceed six months, and therefore, an employment contract with seasonal workers can be concluded for a period of up to six months;

Seasonal work includes only those jobs that are included in the List established by the Government of the Russian Federation.

At the moment, Decree of the Government of the Russian Federation dated July 4, 2002 N 498 approved the List of seasonal industries, work in organizations in 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. These include the peat industry, logging industry, timber rafting, forestry, butter, cheese and dairy industry, meat industry, fishing industry, sugar industry, fruit and vegetable industry.

In addition, the Decree of the Government of the Russian Federation of April 6, 1999 N 382 approved the List of seasonal industries and types of activities used when providing a deferment or installment plan for tax payment. These Lists were adopted for the purposes of pensions and taxation, and therefore can only serve as a guide in determining the category of seasonal work.

Seasonal work traditionally includes agricultural work (crop growing, procurement of agricultural products), extraction, drying and harvesting of peat, field expeditionary work, mining of precious metals and precious stones, logging work, rafting, afforestation and reforestation, production of canned milk and meat, fishing and mining seafood and their processing, production of sugar, canned fruits and vegetables, etc.

Another comment on Art. 293 Labor Code of the Russian Federation

1. Article 293 of the Labor Code of the Russian Federation characterizes the concept of “seasonal work”.

Firstly, these are works that, due to climatic or other natural conditions, are performed only during a certain period (season) and cannot be performed throughout the entire calendar year.

Secondly, the duration of the season cannot, as a general rule, exceed six months, and therefore, an employment contract with seasonal workers can be concluded for a period of up to six months.

Thirdly, seasonal work includes only those jobs that are determined by industry (inter-industry) agreements concluded at the federal level. Previously, the law provided that the corresponding list was approved by the Government of the Russian Federation.

Traditionally, seasonal work includes agricultural work (crop growing, procurement of agricultural products), extraction, drying and harvesting of peat, field expeditionary work, mining of precious metals and precious stones, logging work, rafting, afforestation and reforestation, production of canned milk and meat, fishing and mining seafood and their processing, production of sugar, canned fruits and vegetables, etc.

2. For the first time, the legislator provided for the possibility of establishing seasonal work with a period exceeding 6 months, without establishing the maximum duration of the season.

In many business sectors, active economic activity is possible only for a certain period - in this case, the optimal solution is to conclude a seasonal employment contract with employees. The legislation and the Labor Code of the Russian Federation answer the question of what seasonal work is and provide fairly effective legal regulation of these legal relations. But both employers and seasonal workers or HR specialists should know the specifics of this activity.

What is seasonal work under the articles of the Labor Code of the Russian Federation - legal regulation

Seasonal work is quite in demand in Russia - this most directly applies to the areas of tourism and Agriculture. In some industries, the employer cannot provide the opportunity for a large number of workers to work outside the season and their involvement is not necessary. Given the wide distribution, as well as the isolated nature of seasonal work, the legislation provides for separate mechanisms legal regulation similar employment.

The most complete standards relating directly to seasonal work are regulated by the provisions of Articles 293-296 of the Labor Code of the Russian Federation, which are included in Chapter 46, which is entirely devoted to this aspect of activity. Thus, these articles establish the following standards:

Article 293. Its provisions define seasonal work, establishing its maximum possible duration and referring to other regulations and lists.
Article 294. This article regulates the special procedure for concluding an agreement on seasonal work.
Article 295. This article establishes vacation standards for seasonal workers.
Article 296. This article discusses dismissal from seasonal jobs and the special procedure for terminating relationships.

The above articles relate only to the direct application of seasonal work in particular and do not consider the general principles of conclusion that apply to seasonal employment contracts on an equal basis with other types of labor relationships.

Since seasonal work has a strictly defined final period, it is fully subject to the peculiarities of the legal regulation of a fixed-term contract. At their core, seasonal employment contracts are considered fixed-term, with a certain range of features and additional nuances. However, all the provisions of the articles of the Labor Code of the Russian Federation, which consider the procedure for fixed-term labor relationships in general, are also applicable to seasonal work. These are considered by the following articles of the Labor Code of the Russian Federation:

Art.57. Its provisions consider the procedure for concluding employment contracts in general, and they are also fully applicable to work of a seasonal nature.
Art.58. The normative principles of this article govern issues related to the duration of the relationship.
Art.59. This article defines the concept of a fixed-term employment contract and the main legal nuances associated with their use in labor practice.
Art. 70. It regulates the length of the probationary period both in general and in special cases, which include seasonal work.
Art.79. Its regulations address issues of termination of an employment contract based on expiration of terms, and are fully applied to seasonal workers.

Legislative standards relating to the basic rights and obligations of workers and employers, the procedure for drawing up contracts, payment and other aspects labor activity, apply to seasonal workers in full without possible restrictions.

Hiring under a seasonal contract and the procedure for its registration

According to Article 293 of the Labor Code of the Russian Federation, a key feature of a seasonal employment contract is the mandatory indication in it of the seasonal nature of the work.

The standards of Article 58 of the Labor Code of the Russian Federation assume that the duration of the contract is indicated in the document, otherwise the contract will be recognized as unlimited. This also applies to seasonal work. In accordance with the provisions of the above Art. 293 of the Labor Code of the Russian Federation, the period of seasonal work in general cases should not exceed 6 months. However, the legislation allows an increase in these periods on the basis of additional federal intersectoral agreements and relevant lists individual species activities. Intersectoral agreements are usually concluded in practice for a two-year period, so the list of current and acceptable seasonal work is regularly updated.

Even if the employment contract states that it is seasonal in nature, but the contract itself does not have a strictly defined validity period in its text, such a document from a legal point of view will be equated to an unlimited term and the dismissal of an employee under Article 79 of the Labor Code of the Russian Federation will be considered illegal .

In general, in addition to the above-mentioned features, employment under a seasonal contract has no legally significant differences and is carried out in general procedure. That is, it indicates all the necessary details of the worker and the employer, the employee’s position, duration of validity, date of preparation, signatures of the parties and other necessary data.

If the period of involvement in seasonal activities is less than two months, then more stringent standards for short-term employment contracts, regulated by Chapter 45 of the Labor Code of the Russian Federation, are also applied to such work.

Leave from seasonal work

A separate feature of seasonal labor relations is the procedure for granting vacations, which are calculated in a different way. But, despite the individual features of the vacations in question, seasonal work fully takes into account the mandatory implementation of employees’ right to rest. Thus, in accordance with the provisions of Article 295 of the Labor Code of the Russian Federation, For each month of work of a seasonal worker, he is credited with 2 days of vacation.

The key difference between vacation for seasonal work and standard vacations is the calculation of vacation not in calendar days, but in working days, which, in turn, affects the calculation and determination of the amount of vacation pay. Thus, calculating average daily earnings in this case requires the employer to divide the funds earned by the sum of working days according to a six-day week schedule. Thus, the amount of compensation paid for unused vacation or simply vacation pay for seasonal work in terms of one day will be higher than in general cases.

Regardless of what the actual work week For an employee engaged in seasonal work, the calculation of the amount of vacation pay is carried out taking into account the six-day week schedule. That is, it requires deducting only Sundays and holidays from the total number of days in the month.

An important aspect of seasonal work in the context of vacations is their duration. The rules establishing the procedure for granting vacations in accordance with Article 122 of the Labor Code of the Russian Federation stipulate that an employee has the right to go on vacation after working for at least six months. Accordingly, in practice, seasonal work rarely exceeds the designated period, so employers prefer to simply pay compensation upon completion of work. Also, a worker can go on vacation before dismissal by agreement with the employer - but such a decision can only be made with the consent of each of the parties to the employment contract.

Other standards regarding the provision of vacations are used in relation to seasonal work to the fullest extent. Thus, categories of employees who have the right to unpaid leave may demand that the employer take it, and pregnant or minor workers have the right to go on leave even before completing the above-mentioned six-month period of work.

Additional leave, for example, for hazardous working conditions or irregular working hours, is granted for seasonal work in calendar days, not working days. Therefore, such vacations must be calculated separately.

Dismissal under a seasonal contract and other features

Dismissal under a seasonal contract also has its own characteristics, inherent in precisely this format of registration of labor relations. Termination of a contract with seasonal workers is affected by all the principles set out in the provisions of Art. 77 Labor Code of the Russian Federation. That is, if necessary, the contract is terminated either at the request of the employee, or at the initiative of the employer, for reasons of expiration of the fixed-term contract or due to circumstances beyond the control of the parties.

Article 296 of the Labor Code of the Russian Federation considers the possibility of seasonal work for employees to terminate the employment contract at will with a shortened period for notifying the employer, which is usually called working off. So, in general cases, the working time is 14 days, while the working time for seasonal employees lasts no more than three days.

The probationary period for seasonal employment cannot exceed a two-week period, except in cases where the duration of the contract is more than six months. Dismissal of certain categories of workers, in particular pregnant women, occurs in these situations on a general basis in the manner regulated by Article 261 of the Labor Code of the Russian Federation.

Seal