In today's material, BusinessTimes has tried to summarize the stories we have published, and to bring together all possible options seasonal employment. We also give examples of countries where it is most convenient for Russians to go for seasonal work, and publish some other useful information.

If in in general terms indicate positive and negative sides seasonal work, the following advantages can be distinguished, because of which the Russians decide to take such a step:

- firstly, seasonal work this is an opportunity to earn good money in a relatively short time;

- secondly, this is an employment option if you do not have permanent job;

- thirdly, many Russians choose seasonal work in order to practice in parallel foreign language, see another country, meet people from all over the world;

On the other hand, as has been repeatedly noted in the stories published by the BusinessTimes, seasonal work implies:

- the uncertainty of tomorrow, because seasonal work does not last long, rarely longer than 4 months;

- intense physical labor, which not everyone can withstand equally easily;

- unforeseen circumstances that may force you to leave workplace ahead of time and be unemployed, in a foreign country and often without free funds.

In other words, when deciding to hire a seasonal worker abroad, you need to carefully consider everything and collect all possible information about the place, program, if possible, the employer you are going to go to. When choosing a seasonal work program, it is important to correctly determine which type of seasonal work suits you best in terms of character, work experience and inclinations - otherwise you will doom yourself to several painful months, when you will no longer have time to travel and make new acquaintances for boring or hard work. .

The following seasonal employment options can be distinguished:

1. Work in restaurants in those countries or regions where tourism is well developed and in the high season there is a need for additional labor force. This option is recognized by many as the best, because the work is dynamic, not very heavy, clean. It is best to work as a waiter or dishwasher for the summer in America, but you can try closer - in Spain or France, if you speak at least a little of the corresponding language.

2. Work in hotels- this is, first of all, housekeeping - work as maids. You can get this job if you are between 18 and 50 years old (sometimes without any upper age restrictions) and you speak at least English, at least at the pre-intermedia level. This work is not the hardest, but not the most pleasant - but if you are lucky with the hotel, tips can be additional income up to half declared by the employer wages. In hotels for seasonal work, you can also get a job in America, or in southern European countries.

3. Work in parks for children, work as an animator

This is, first of all, a specific version of seasonal work in Egypt and Turkey: almost anyone can get a job as an animator in Egypt. The salary for such jobs in these countries is not high, but the work itself does not seem like work to many, but rather a summer entertainment, for which money is also paid. In addition, there is an opportunity to get a job in parks for children in America or France - for example, Disneyland Paris periodically posts seasonal job vacancies on its website.

4. Seasonal work in agriculture

This is probably one of the most popular seasonal work options for Russians: Finland, England and Poland are unbeatable. Work mainly on picking berries - strawberries, raspberries, red and black currants, blueberries - in Finland. Vegetables - in England and Poland. It is also possible to get a job in agricultural work in France (vegetables, apples, grapes and plums). For the more daring and active - in New Zealand. This country, despite its remote location, is very popular among Europeans who want to work as seasonal workers. This is explained by the fact that there is a lot of work, work visa relatively easy to get, easy to travel - the main thing is to overcome the hours-long flight to the Land of the Long White Cloud - that's what New Zealand is called in the language of the Maori, the indigenous inhabitants of the New Zealand Islands.

5. Finally, work in volunteer organizations, nature reserves, work caring for the elderly or sick people, or work under the au-pair (home assistant) program is another option for seasonal employment. As a rule, such work will not be paid or will be paid very little, but the employee will be provided with housing and food. Of course, this option is not suitable for those for whom it is important to earn money during the summer months. However, if your goal is to gain life experience, visit another country, do something necessary and useful for someone, you can get such a job in almost any part of the world.

What jobs are seasonal?

It is necessary to understand what applies to seasonal work. What is their complete list - read the article.

Question: What is the seasonality of work and how is it assigned to an LLC. What bodies (IFTS, statistics, etc.) will be interested in such an organization?

Answer: In accordance with Part 1 of Art. 293 of the Labor Code of the Russian Federation, seasonal work is recognized as work that, due to climatic and other natural conditions are carried out within a certain period (season), not exceeding, as a rule, six months.

Part 2 of this article provides 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 are determined by sectoral (intersectoral) agreements concluded at the federal level social partnership.

These include the work specified in the List of Seasonal Work (approved by Decree of the NCT of the USSR dated 10/11/1932 No. 185).

According to this standard also developed:
- "Sectoral tariff agreement in housing and communal services Russian Federation for 2017 - 2019" (approved by the All-Russian Industry Association of Employers in the Life Support Sphere, the All-Russian Trade Union of Life Support Workers on December 8, 2016);
- "Federal industry agreement on automobile and urban ground passenger transport for 2014 - 2016"

(approved by the All-Russian Trade Union of Workers road transport and road management non-profit organization Russian Motor Transport Union 10/24/2013);

- "Industry agreement on the timber industry complex of the Russian Federation for 2015 - 2017" (approved by the All-Russian industrial association of employers "Union of Timber Manufacturers and Timber Exporters of Russia", Trade Union of Forestry Workers of the Russian Federation on December 26, 2014);
- "Industry agreement on organizations of the timber industry complex of the Russian Federation for 2015 - 2017" (approved by the Trade Union of Forestry Workers of the Russian Federation, the All-Russian Industry Association of Employers of the Pulp and Paper Industry, the All-Russian Industry Association of Employers of the Furniture and Woodworking Industry on December 19, 2014);
- Decree of the Government of the Russian Federation of 04.07.2002 No. 498 “On approval of the list of seasonal industries, work in organizations of which during the full season, when calculating the insurance period, is taken into account in such a way that its duration in the corresponding calendar year is a full year”;
- Decree of the Government of the Russian Federation of 06.04.1999 No. 382 "On the lists of seasonal industries and activities used for tax purposes";
- Decree of the Council of Ministers of the RSFSR dated 04.07.1991 No. 381 “On approval of the List of seasonal work and seasonal industries, work at enterprises and organizations, regardless of their departmental affiliation, for a full season is counted in the length of service for assigning a pension for a year of work.”

Depending on the actual activities carried out by the organization, we can talk about seasonal work or not. Bodies do not assign any special status of seasonal work.

Rationale

1. From Article 293 of the Labor Code of the Russian Federation

“Article 293. Seasonal work

Seasonal work is recognized as work that, due to climatic and other natural conditions, is performed during a certain period (season), which, as a rule, does not exceed six months.

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 are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership. * "
From the "List of seasonal work" (approved by the Decree of the NCT of the USSR of 10/11/1932 N 185)

LIST OF SEASONAL WORK

1. Work on the repair of railway lines, sidings and branches in operation, with the exception of work performed by permanent personnel of the workforce:

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

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

c) summer repairs railway track: continuous lifting of the track, change of sleepers and transfer bars, dispersal of gaps, change of the ballast layer and heaving soil; elimination and prevention of sagging, cleaning of the canvas, slopes, embankments, excavations from grass thickets, cleaning of ditches, ditches and trays from dirt and debris;

d) work on winter repairs railway track: rearrangement of shields and stakes, cutting slopes and recesses, digging trenches in the snow, opening ditches, ditches and skipping spring water and ice.

2. Works on the gross (scheduled) repair of signaling and centralized devices on railway lines.

3. Excavation for the construction of roads, except for demolition works; development of sand pits in the area north of the 61st parallel.

4. Works on heating cars in trains railways, with the exception of work performed centrally or by a permanent workforce.

5. Icebreaking and snow and ice removal operations:

a) icebreaking operations, with the exception of maintenance of mechanisms;

b) cleaning and cleaning of snow and ice;

c) clearing snow and ice and transporting them to backwaters from the caravan.

6. Construction work and overhaul electrical connection:

a) reorganization of urban telephone networks from air to underground cable lines in concrete sewerage and the production of concrete products associated with this reorganization;

b) laying of underground and underwater armored cables;

c) installation of overhead pole and hot city telephone networks and long-distance telegraph and telephone lines;

d) chemical impregnation of poles, produced on outdoors.

7. Mining and production work building materials:

a) work on the extraction and preparation for use of building materials and mineral raw materials: simple clay, stone, sand, gravel, chalk, quartz, spar, kaolin, limestone, alabaster, marl, mica and asbestos in non-permanently developed quarries;

b) work at non-permanent factories for the production and cleaning of building and Gzhel bricks, lime, alabaster and tiles; harvesting and drying raw materials in pottery factories.

8. Logging, rafting and related work:

a) tar smoking and heap charcoal burning;

b) work on the procurement of raw materials for turpentine and rosin production;

c) export and transportation of timber, rafting equipment and food forage by means of transportation of economic agencies;

d) laying, sorting, rolling out and laying out timber and primary work on the processing of timber and timber;

e) coastal loading - unloading work for rafting, if they are carried out by special personnel of workers;

f) work at factory piers located outside equipped ports, sawmills during the navigation period; loading on ships, stowage in ships and sorting of export timber, if the relevant work is not performed by permanent loaders.

Note. The works mentioned in letter "e" of this paragraph at the piers located in the Baltic Sea, Lake Ladoga and Onega with adjacent river systems are not considered seasonal.

9. Uprooting and cutting of stumps, performed separately from the main logging operations.

10. All work on the development and processing of bast.

11. Loading - unloading and transshipment work in the production of the main work, classified as seasonal, performed by the forces and means of those economic agencies that perform the main work, as well as loading - unloading and transshipment work carried out in the system water transport no more than 6 months a year, depending on climatic conditions.

12. Fishing and hunting work and related work on processing fish and other products of sea and river fishing and hunting, with the exception of trawl, drift and seiner fishing, workers employed in coastal fishing on all fishing routes and processing crabs on floating crab factories , ship crews (including crews of the fish receiving fleet), as well as work on the processing and cleaning of fish products that are not related to fishing season.

13. Works at sugar mills directly related to the production of granulated sugar from beet, work on beet drying at sugar beet dryers, work on pulp drying performed at sugar mills during the period of sugar production.

14. Works on pickling and pouring fruits and vegetables.

15. Works on the extraction and development of Glauber's and self-planting table salt, breaking, carting into mounds and pouring salt.

16. Works on the extraction of phosphorite, carried out by a surface method, and work related to it.

17. All work in the potato grater industry.

18. Work on the preparation of eggs, poultry, feathers and down in warehouses, except for work on liming eggs.

Note. This paragraph does not apply to poultry fattening establishments (incubators and combines).

19. Papillonage and auxiliary work on microscopy in grenage production.

20. Peat works:

a) preparation of work (including a summary of the forest 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 molding tracks, etc.) performed by workers who are on a permanent staff.

Note. Swamp preparation workers who have entered into an employment contract for a period of more than 6 months are subject to general labor legislation.

21. Works related to the extraction of precious metals, with the exception of those performed by employees employed in winter time at other jobs with the same economic agency:

a) work on the extraction of sand from open cuts, carried out exclusively in the summer;

b) work on the removal of sand by transportation means of economic agencies, provided that they are carried out simultaneously with the work indicated in the letter "a";

c) works on sand washing in the open air, if these works are carried out exclusively in the summer.

22. Triangulation, topographic, land management, geological, exploration, forest and forest management work, as well as field work associated with all research and survey work:

a) mine surveying and drilling in the mining industry, carried out manually in northern regions(Ural, Bashkiria, Northern Territory, Western Siberia, Eastern Siberia, Northern Kazakhstan, Far East, Leningrad region), drilling exploration work in other industries;

b) preparation of milestones, stakes and boundary posts;

c) transportation of tools and instruments;

d) work on the establishment of landmarks and boundaries, the installation of milestones and the cutting of clearings;

e) work directly related to the execution of survey and research work; preparation of hydraulic concrete mortar and production of concrete and masonry;

f) sounding and drilling;

g) other ancillary work.

Note. The basic work of hanging, shooting, leveling, etc., carried out by skilled workers, is subject to general labor legislation.

23. All river and sea survey works.

24. Irrigation and reclamation works, drainage and irrigation works, construction works of fish farms:

a) preparatory and auxiliary work referred to in paragraph 22 of this List;

b) strengthening of slopes (arrangement of tree plantations, construction of temporary diversion dams, etc.);

c) small pile work;

There are, however, some differences related to the specifics of their work, requiring separate consideration.

general information

First you need to figure out which work should be considered seasonal.
These works have the following peculiarities:

The most common seasonal species works are the cultivation of crop products and their harvesting, the extraction of certain types of natural resources(peat harvesting), geological exploration, search for valuable minerals and gold mining, almost all work related to forestry, canning of dairy, meat, fish and seafood with their subsequent processing, sugar and canning production and others.

Position and maximum term

The main characteristic of seasonal work is its duration. In the previous labor code, seasonal work was strictly limited to six months.

If such work lasted at least a day more than six months, they ceased to be considered seasonal. The new legislation softened this wording, recognizing as seasonal, work performed, as a rule, for 6 months.

Attention: the phrase "usually" is not accidental. Indeed, in some cases, the season is not limited to six months.

The list of works with a seasonality of more than 6 months is approved by industry agreements, which stipulate maximum terms these works. For example, when passenger traffic in resort areas, the season is considered to be the summer-autumn period, as a rule, May-October.

The tariff agreements of the housing and communal services establish the period of work related to the life support of people, the period of performance of specific services.

Thus, heat supply to the population is carried out during the heating season. The timing of this season varies based on the local climate and is approved by local executive authorities.

List and types

In many industries National economy there is a whole list of works belonging to the seasonal category. Here is a list of the main ones:

In addition, there are certain types works that are performed in organizations (firms), regardless of their industry affiliation.

These include the following works:

• landscaping: landscaping, snow removal, landscape design, tree pruning;
• preventive maintenance of communications;
• carrying out external repairs (facade) and construction;
• various blanks;
• spring cleaning of surfaces from dirt, washing of windows, signboards, billboards, etc.

In summer, work is traditionally carried out related to industrial mountaineering - washing of facades, their repair. In addition, roads are laid and repaired, various cleaning works are carried out, fungal growths are removed, etc.

Winter is associated with snow removal, removal of icicles from roofs and cleaning roads from icing, etc.

Treaty

An employment contract is drawn up with a seasonal worker in two copies. This document stipulates:

• the nature of the work of the employee;
• term of his work;
• schedule;
• rights and obligations of the employee and the employer;
• a trial period, and if it is not specified, then for works with a 2-6 month work cycle - no more than 2 weeks;
• wage conditions.

Typically, an employment contract is drawn up for six months. But this period may be longer if there is an appropriate industry agreement agreed with the government.

An important condition of the seasonal contract is its urgency. If this document does not specify a period, then the employee has the right to consider it indefinite, and dismissing him at the end of seasonal work can be problematic. Therefore, it is so important to draw up a contract in writing, stipulating in it the term of employment.

It is possible to terminate the employment contract ahead of time. If the initiator of this process is the employer, then the latter must notify the employee in writing of his intention three days before his dismissal.

If the employee himself wishes to terminate the employment relationship, then he must also submit an application three days before his departure.

If the contract is terminated due to a reduction in the number of employees or the liquidation of the organization, "seasonal workers" are warned about this in writing a week before. At the same time, they are paid a two-week average salary.

Sample contract for seasonal work.

Labor guarantees

The remuneration of seasonal workers is stipulated in a bilateral labor contract. However, it should not be lower than the minimum (without allowances, bonuses and other incentives).

Seasonal worker leave is due- two calendar days for each full month worked. This rule applies only to the main vacation. If the employee is required additional leave (harmful conditions labor and others), then this part of it is calculated according to the rules common to all employees.

Vacation pay is calculated based on the average daily salary for the last 3 calendar months. In this case, earnings are divided by 3 and by 29.6 (average annual number of calendar days). Then the resulting number is multiplied by the number of vacation days. If seasonal work lasts less than three months, then the average earnings are calculated according to the period worked.

happy completion employment contract the day of the end of the vacation is considered, because those who work seasonally for six months, the vacation is given after this period.

Seasonal workers guaranteed to be paid:

• severance pay;
• average salary for forced absences from work (illegally dismissed);
• sick leave;
• compensation for unused vacation.

At many seasonal jobs in industries with their approved nomenclature, work for a full season is counted in the length of service for calculating a pension as for a year.

Seasonal work is due to cyclical climatic conditions, when certain types of work cannot be carried out year-round.

Seasonal work is considered work, as a rule, limited to a six-month period. In some cases, maximum periods of seasonal work are stipulated by interdepartmental agreements.

Seasonal workers work under labor contracts, as specified by the Labor Code of the Russian Federation. They are largely covered by the same guarantees as permanent employees. The fact and terms of their work are recorded in the work book according to general rules and serve as the basis for calculating the length of service for a pension.

Olga Duchenko, lawyer in corporate and arbitration practice law firm Kachkin & Partners

Every year, entrepreneurs make the same short-term hiring mistakes. The most pressing issues are the classification of work as seasonal, the provision of vacation and payment of compensation for it.

When making labor relations With seasonal workers companies and entrepreneurs should remember that the law provides for a number of features of the regulation of the labor of such employees. In this article, we will consider what jobs are recognized as seasonal, what are the features of hiring, granting vacations, and dismissal of such workers. This primarily concerns areas such as harvesting, gardening, construction, tourism, catering and trade.

Seasonal work is recognized as work that, due to climatic and other natural conditions, is performed during a certain period (season), which, as a rule, does not exceed six months. This definition is contained in Art. 293 of the Labor Code of the Russian Federation. Main criterion classifying works as seasonal - their urgent nature - is determined by natural conditions, and nothing else. This distinguishes them from temporary work - work for up to two months (Article 59 of the Labor Code). It is possible to separate temporary work from seasonal work, if they last less than two months, according to the criterion of natural conditions, which determine the time-limited nature of the work.

Seasonal nuances

It is possible to register a seasonal worker for a period of more than six months if such an opportunity is established by an industry (inter-sectoral) agreement concluded at the federal level of social partnership. Such agreements establish lists of seasonal work. For example, the Sectoral Tariff Agreement in the housing and communal services of the Russian Federation establishes seasonal work in the field of heat production. The duration of work in it is equated to the duration heating season which may exceed six months. If there is no agreement in the industry, on the basis of Art. 423 of the Labor Code of the Russian Federation, you can be guided by the List of Seasonal Works approved by Decree of the USSR TNKT of 10/11/1932 No. 185, as well as other documents, for example, Decree of the Government of the Russian Federation of 07/04/2002 No. 498, Decree of the Council of Ministers of the RSFSR of 07/04/1991 No. 381, Decree of the Government of the Russian Federation dated 04/06/1999 No. 382.

A dispute about the nature of work arises, as a rule, when an employee does not agree with the conclusion of a fixed-term employment contract and demands that it be recognized as concluded for an indefinite period. The court may recognize that the work was seasonal, and on the basis of other evidence. Thus, in the ruling of the Ryazan Regional Court dated November 28, 2007 No. 33-1637, the court found that structural subdivision, where the plaintiff worked, is a processor of potatoes - agricultural products, the shelf life of which, according to GOST 28372-93, does not exceed seven months, - and in the period from June to August, the activity of the division was suspended due to the lack of raw materials. Because the official duties claimant were associated with the processing of this raw material, the availability of which depends on climatic conditions, the court concluded that the work was seasonal.

At the same time, the burden of proving the validity of the conclusion of a fixed-term employment contract, the seasonal nature of employment lies with the employer, who must confirm the validity of the conclusion of a fixed-term employment contract with the employee by objective circumstances. Thus, in the ruling of the Perm Regional Court of July 20, 2010 in case No. the plaintiff could be established for a certain period, since the defendant carried out the protection of property objects, including the hospital complex, on an ongoing basis and this work is not temporary or seasonal. At the same time, the court considered the validity of the conclusion by the employer of a fixed-term employment contract unproven, since the latter referred as evidence only to its own local normative act - the order. Also, the Supreme Court of the Russian Federation, in its ruling dated 11/13/1998 No. 5-Vrp98-340, indicated that the lease of the premises in which the employee performs labor function, is not proof of the seasonal nature of the work.

Arbitrage practice

It is necessary to distinguish between the seasonal nature of work and the seasonal demand for products manufactured by the organization. Thus, in the ruling of the Perm Regional Court dated April 18, 2011 in case No. 33-3685, the latter indicated that, since the defendant did not provide evidence that the increase in production was obviously temporary in nature, lasting no more than a year, the company had no grounds to conclude with claimant for a fixed-term employment contract. At the same time, in support of the possibility of concluding a fixed-term employment contract, the defendant's arguments boiled down to the fact that there was a demand for spring products depending on the season, in connection with which a fixed-term employment contract was concluded with the employee.

In the above case, with an increase in demand for products, the employer has the right to local regulations establish for workers with piece-bonus wages a total accounting of working time for a period of increased demand for products. According to Art. 104 of the Labor Code of the Russian Federation, when, according to the conditions of production (work), individual entrepreneur, in the organization as a whole or when performing certain types work, the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month, quarter and other periods) do not exceed the normal number of working hours. Accounting period cannot exceed one year. The procedure for introducing the summarized accounting of working time is established by the internal labor regulations.

For example, the Supreme Court Udmurt Republic in the cassation ruling dated March 21, 2011 in case No. 33-863 / 11, he recognized as lawful the actions of the employer to introduce the internal labor regulations 6-day working week with a working day of 8 hours a day (48 hours a week) from April 1 to September 30 for workers performing seasonal work. Thus, the criterion for determining the seasonal nature of work is its connection with natural conditions, the lists of works are established by industry agreements, Soviet acts are applied retrospectively, in the absence of a list, the court has the right to investigate the nature of the work and establish their seasonal nature.

Formulation and terms of the employment contract

In addition to the general provisions, the following information must be reflected in the employment contract.

1) An indication of the urgent nature and duration of the contract - can be determined by a calendar date or the occurrence of a certain event (end of harvest, ice drift, end of the season, etc.). It should be noted that employment contracts with seasonal workers are subject to general provisions labor legislation on fixed-term employment contracts with a number of features established by Ch. 46 of the Labor Code of the Russian Federation.

2) An indication that the work is seasonal. If the employment contract does not contain a condition on the seasonal nature of the work, then it will be considered concluded for an indefinite period.

A trial period of no more than two weeks may be established if the term of the contract exceeds two months (part 6 of article 70 of the Labor Code of the Russian Federation).

An entry in the work book is made in general order if the employee is hired for more than five days. You should not indicate the urgent nature of the work in the record, this is not provided for in clause 3.1 of the Instructions for filling out work books. In the order for employment, an indication is made of the seasonal nature of the work.

The law does not establish special regulation for the remuneration regime for seasonal workers. A tariff system of remuneration may be established, piecework, time-based or mixed, taking into account the nature of the work and other factors.

At the same time, it should be taken into account that all the guarantees provided to employees under an employment contract concluded for an indefinite period apply to employees with whom a fixed-term employment contract is concluded for the performance of seasonal work. Thus, the Novosibirsk Regional Court in cassation ruling dated September 30, 2010 No. 33-5848 / 2010 declared illegal the inclusion in an employment contract concluded for the performance of seasonal work, the conditions for establishing a 60-hour working week and ordered the employer to pay for the time of work in excess of the established normal working hours. weeks according to the rules established by the Labor Code of the Russian Federation for payment of overtime work.

Vacation entitlement

According to Art. 295 of the Labor Code of the Russian Federation, seasonal workers are entitled to paid leave. It is provided at the rate of two working days for each month of work. This provision appeared in the domestic labor legislation only in 1991. Prior to this, seasonal workers did not have the right to leave, which was recognized by the Committee on Constitutional Supervision as contrary to the Constitution of the USSR. Vacation can be granted with subsequent dismissal, and if the duration of the vacation goes beyond the validity period of the employment contract, the day of dismissal will be considered the day the vacation ends (part 2 of article 127 of the Labor Code of the Russian Federation).

Holiday pay is carried out in accordance with clause 11 of the Regulations on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. The average daily earnings are determined (the ratio of the amount of actually accrued wages to the number of working days according to the calendar of the six-day working week, per worked working time) and multiplied by the number of working days of vacation payable. If a seasonal worker is entitled to additional paid leave on the basis of Art. 116 of the Labor Code of the Russian Federation (for example, for working with harmful and hazardous conditions labor, irregular working hours), then such leave should be calculated according to the general rules.
Usually seasonal employees do not take vacations. A seasonal worker who has not used vacation is entitled to compensation.

Termination of an employment contract

An employment contract with a seasonal worker is terminated due to the expiration of its validity (clause 2, part 1, article 77 of the Labor Code of the Russian Federation). The employee must be warned in writing about the termination of the employment contract no later than three days in advance (part 1 of article 79 of the Labor Code of the Russian Federation). If at the end of the term of the specified employment contract, neither the employee nor the employer demanded its termination and the employee continues work, then an urgent condition the nature of the employment contract becomes invalid. Such an employment contract is further considered concluded for an indefinite period, as indicated by Art. 58 of the Labor Code of the Russian Federation.

In the event of an employee's pregnancy, the employment contract is extended until the end of the pregnancy (part 2 of article 261 of the Labor Code of the Russian Federation). In case of illness, the employment contract is not extended, but the employee retains the right to temporary disability benefits (Article 183 of the Labor Code).

An employee has the right to terminate early own will. In this case, he must also notify the employer no later than three days in advance (Article 296 of the Labor Code). When an employee is dismissed in connection with the reduction or liquidation of the organization, he must be warned no later than seven days in advance; he is compensated in the amount of two weeks' average earnings.

Taking into account the above features of labor regulation of seasonal workers will help to avoid labor disputes with them. The employer must remember that if the documents are drawn up incorrectly and the employee decides to challenge the dismissal, then if the employee is reinstated, the employer will be obliged to pay him compensation for the time of forced absenteeism, reimburse the cost of the services of his representative, and pay compensation for moral damage. Violation of labor legislation may also entail bringing the employer to administrative responsibility in the form of a fine of 30,000 to 50,000 rubles.

Labor relations of employees may be established for the performance of temporary work. In such cases, the employment contract is concluded for a period of up to two months. This category of workers is called temporary workers. Limiting the duration of their work for a period of up to two months entails a number of features. First of all, when concluding an employment contract, they are oriented in advance to the fact that their work is temporary. Secondly, it is precisely with the short period of time for which these workers are hired that Art. 289 of the Labor Code of the Russian Federation does not provide for a test when applying for a job. Given the temporary nature of the work, these employees, with their written consent, may be involved in work on weekends and non-working days. holidays. This work is compensated in cash at least twice. The right of these workers to annual paid leave is also provided, and in reality this is the payment of compensation upon their dismissal at the rate of two working days for one month of work (Article 291 of the Labor Code of the Russian Federation). When terminating an employment contract at the initiative of a temporary worker, he is obliged to notify the employer, as well as seasonal workers, three calendar days in advance. In the event of their early dismissal due to the liquidation of the organization, reduction in the number or staff of employees, they must be warned by the employer in writing against signature at least three calendar days in advance. In case of dismissal on the specified grounds, the severance pay to an employee who has concluded an employment contract for a period of up to two months is not paid.

Labor relations of employees who have concluded an employment contract for a period of up to two months are regulated general rules The Labor Code of the Russian Federation, including the norms on a fixed-term employment contract, with certain exceptions, the features established in Ch. 45 of the Labor Code of the Russian Federation. As already noted, they are probationary period, attraction to work on weekends and non-working holidays, paid holidays, some aspects of the termination of an employment contract.

It should be borne in mind that the term of the employment contract - up to two months - is the limit. By agreement of the parties to this agreement, it can be any, but not more than the established limit.

Features of labor regulation of employees who have concluded an employment contract for a period of up to two months are established not only by the Labor Code of the Russian Federation, other legislative and regulatory legal acts containing norms labor law, but also collective agreements, agreements, local regulations.

Employees who have concluded an employment contract for a period of up to two months are also subject to the features enshrined in the norms of the Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 No. 311-IX “On the working conditions of temporary workers and employees” (as amended on April 4 1991), to the extent that it does not contradict the Labor Code of the Russian Federation (part 1 of article 423 of the Labor Code of the Russian Federation). Moreover, this act has not yet been recognized as not valid on the territory of Russia (in contrast to a similar act on seasonal workers).

For employees who have concluded an employment contract for a period of up to two months, there is only one way to involve them in work on weekends and non-working holidays - their written consent is required. Moreover, it is not necessary to comply with the conditions and restrictions fixed in Art. 113 of the Labor Code of the Russian Federation. It is allowed to involve these workers to work on the specified days only within the period of validity of the relevant employment contract (up to two months). Work on weekends and non-working holidays is compensated in cash at least twice the amount (Article 29 of the Labor Code of the Russian Federation).

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) not exceeding six months. At present, the List of seasonal jobs and seasonal industries approved by the Decree of the Council of Ministers of the RSFSR No. 381 of July 4, 1991, as well as the List of seasonal industries approved by the Decree of the Government of the Russian Federation of July 4, 2002 No. 498 are in force. Examples of seasonal work, provided for by these Lists, is work in peat extraction, logging and timber rafting, enterprises of seasonal industries fisheries etc. An employment contract is concluded with employees who enter seasonal work, in which the seasonal nature of the work assigned must be indicated. In contrast to the previous procedure, when concluding an employment contract with an employee hired to perform seasonal work, a probation may be provided that does not exceed two weeks. The employment contract must specify a period of work not exceeding the duration of the season (six months) (Article 294 of the Labor Code of the Russian Federation). The employee receives compensation for vacation upon dismissal. Based on the fact that workers employed in seasonal work, in accordance with Art. 295 of the Labor Code of the Russian Federation, paid vacations are provided for each month of work, the employee, having received compensation for the vacation, uses it, as a rule, during the off-season.

A feature of the employment contract with seasonal workers is that the employment contract with seasonal workers can be terminated at the initiative of the employee with a warning of at least three calendar days, and in case of dismissal due to the liquidation of the organization, reduction in the number or staff of employees, the employer is obliged notify the employee in writing at least seven calendar days in advance. In addition to the warning, the employer, upon termination of the employment contract with a seasonal worker for the indicated reasons, is obliged to pay a severance pay upon dismissal in the amount of two weeks of average earnings.

According to Part 1 of Art. 293 of the Labor Code of the Russian Federation, seasonal work should be considered work that, due to climatic and other natural conditions, is performed during a certain period (season), which, as a rule, does not exceed six months. Thereby general rule about a six-month restriction on seasonal work seems to remain, but it is allowed to be extended in the manner prescribed by Part 2 of Art. 293 of the Labor Code of the Russian Federation.

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 are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership

Based on the content of Art. 293 and 294 of the Labor Code of the Russian Federation, workers must be classified as seasonal if three conditions are simultaneously present: a) the work must be included in a special list of seasonal work; b) it should not exceed the maximum duration of a certain period (season); c) the condition on the seasonal nature of the work must be indicated in the employment contract itself. Then the employee is subject to the features contained in the relevant norms of Ch. 46 of the Labor Code of the Russian Federation.

Features of labor regulation of workers employed in seasonal work are established not only by the Labor Code of the Russian Federation, other legislative and regulatory legal acts containing labor law norms, but also by collective agreements, agreements, local regulations.

The conditions, the observance of which is necessary for the recognition of an employment contract as concluded specifically for the performance of seasonal work, and an employee as seasonal, are contained in Art. 293 of the Labor Code of the Russian Federation.

In accordance with Art. 295 of the Labor Code of the Russian Federation, seasonal workers are provided with paid vacations at the rate of two working days for each month of work.