Examples of seasonal work. List of seasonal works. Insurance experience of seasonal workers

APPROVED
Decree of the NCT of the USSR
dated October 11, 1932 N 185

LIST OF SEASONAL WORK

(As amended by the Decree of the Secretariat of the All-Union Central Council of Trade Unions of July 27, 1936, the Decrees of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions of June 6, 60 N 769/16, of December 28, 88 N 662 / 29-121)

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) work on the summer repair of the railway track: continuous raising of the track, change of sleepers and transfer bars, dispersal of gaps, change of the ballast layer and heaving soil; elimination and prevention of slush, cleaning of the canvas, slopes, embankments, excavations from grass thickets, cleaning of ditches, ditches and trays from dirt and debris;

d) work on the winter repair of the railway track: rearrangement of shields and stakes, cutting slopes and cuts, digging trenches in the snow, opening ditches, ditches and letting spring water and ice pass.

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

3. Earthworks for the construction of roads, except for blasting; development of sand pits in the area north of the 61st parallel.

4. Work on heating wagons in railway trains, with the exception of work performed centrally or by permanent staff.

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. Works on the construction and overhaul of electrical communications:

a) reorganization of city telephone networks from overhead to underground - cable lines in concrete sewers 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 in the open air.

7. Work on the extraction and production of 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 and unloading works on rafting, if they are performed 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 bodies that perform the main work, as well as loading - unloading and transshipment work carried out in the water transport system for 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 more than 6 months are subject to the general labor law. (as amended by the Decree of the Secretariat of the All-Union Central Council of Trade Unions dated 27.07.36)

21. Works related to the extraction of precious metals, with the exception of those performed by workers employed in winter 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, geological exploration, forestry and forest management work, as well as field work related to all research and survey work:

a) mine surveying and manual drilling in the mining industry in the northern regions (Urals, Bashkiria, Northern Territory, Western Siberia, Eastern Siberia, Northern Kazakhstan, the 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;

d) the assembly of stones on the surface of the earth along the banks and fields.

25. All work on the extraction and burning of seaweed in the iodine industry and related work.

26. Works on unloading, rehangling, transporting, warehousing and accounting for wool entering the factories for the primary processing of wool and factory washes during the period of harvesting spring wool. (As amended by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated 06.06.60 N 769/16)

27. Work on the transportation, storage and accounting of coal in the mines of the production association "Severovostokugol" during the period of sea navigation. (As amended by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions dated December 28, 88 N 662 / 29-121)

Olga Duchenko, Associate of Corporate and Arbitration Practice at Kachkin & Partners Law Firm

Every year, entrepreneurs make the same short-term hiring mistakes. The most topical are the issues of classifying work as seasonal, granting leave and paying compensation for it.

When registering labor relations with seasonal workers, companies and entrepreneurs should remember that the legislation provides for a number of features in regulating 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. The main criterion for 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 of the heating season, which can 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. So, in the ruling of the Ryazan Regional Court dated November 28, 2007 No. 33-1637, the court found that the structural unit in which 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. Since the job duties of the plaintiff were related to the processing of this raw material, the availability of which depends on climatic conditions, the court concluded that the work was of a seasonal nature.

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. by 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 ruling No. 5-Vrp98-340 dated 11/13/1998, indicated that the lease of premises in which an employee performs a 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, by local regulations, to establish for employees with piecework-bonus wages the total accounting of working hours for the period of increased demand for products. According to Art. 104 of the Labor Code of the Russian Federation, when, under the conditions of production (work) for an individual entrepreneur, in an organization as a whole, or in the performance of certain types of 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 so that the duration of working time for the accounting period (month, quarter and other periods) does not exceed the normal number of working hours. The 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 of the Udmurt Republic, in its cassation ruling dated March 21, 2011 in case No. 33-863/11, recognized as lawful the actions of the employer to introduce the internal labor regulations of a 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 the general provisions of 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 drawn up in the general manner if the employee is hired for a period of 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 working hours worked) 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 work with harmful and dangerous working conditions, 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 retire early at his own request. 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.

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 types of work are the cultivation of crop products and their harvesting, the extraction of certain types of natural resources (peat harvesting), geological exploration, the search for valuable minerals and gold mining, almost all work related to forestry, canning of dairy, meat, fish and seafood, and 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 contracts, which stipulate the maximum terms of these works. For example, for passenger transportation in resort areas, the summer-autumn period, usually May-October, is considered a season.

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 sectors of the national economy there is a whole list of jobs that fall into the seasonal category. Here is a list of the main ones:

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

These include the following works:

• landscaping: gardening, snow removal, landscaping, 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 an employee is entitled to additional leave (harmful working conditions 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.

The day of completion of the employment contract is considered the day the vacation ends, because those who work seasonally for six months, leave 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.

Seasonal work is regulated by Ch. 46 of the Labor Code of the Russian Federation. In particular, Art. 293 of the Labor Code of the Russian Federation, their definition is given: seasonal work is recognized, which, due to climatic and other natural conditions, is performed during a certain period (season), not exceeding, as a rule, six months. But sometimes the season can last longer. In this case, the list of seasonal works, which can be carried out during a period (season) exceeding six months, is determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership. The same documents also establish the maximum duration of these individual seasonal works.
For example, the Sectoral Agreement on the timber industry complex of the Russian Federation for 2009-2011 provides that the specific duration of the season is determined by organizations together with the elected body of the primary trade union organization based on climatic conditions at the location of the organization in a separate specific region and is included in the terms of the collective agreement or is set in local normative act (if there is no collective agreement), adopted taking into account the opinion of the elected body of the primary trade union organization. At the same time, the following are recognized as seasonal work in the forestry industry:
- logging industry (extraction of resin, barras, stump resin and spruce sulfur);
- timber rafting (dumping of wood into the water, primary and raft timber rafting, sorting on the water, rafting and rolling out of wood from the water);
- loading (unloading) timber on ships.
Passenger transportation is also seasonal. At the same time, in the resort area, the summer-autumn period is considered a season, and when transported to recreation areas, summer cottages and gardening associations - from May to October.

The sectoral tariff agreement in the housing and communal services of the Russian Federation for 2008-2010 establishes that the duration of seasonal work in the life support systems of the population is determined by the period of provision of the relevant services. The peculiarity of such seasonal work is provided for by regional industry tariff agreements and collective agreements of organizations. Also, this Agreement establishes a list of seasonal works, which can be carried out during a period (season) exceeding six months, which includes the production, transmission and sale of heat energy. The duration of these works is determined by the heating period, approved by the executive authorities of the constituent entities of the Russian Federation. If the duration of seasonal work is exceeded for a period of more than six months due to climatic and other natural conditions, and if these works are not included in the specified list, the employer has the right to conclude a new fixed-term employment contract with the employee for the required period for the provision of housing and communal services.

As it happens quite often, along with the recently issued documents, the old regulations that have not lost their force continue to operate. For example, you can use:
- The list of seasonal works, approved by the Decree of the NCT of the USSR of 11.10.1932 N 185;
- A list of seasonal industries whose work in organizations during the full season when calculating the insurance period is taken into account so that its duration in the corresponding calendar year is a full year, approved by Decree of the Government of the Russian Federation of 04.07.2002 N 498 (hereinafter - Decree N 498 );
- The list of seasonal jobs and seasonal industries, work in organizations of which, regardless of their departmental affiliation, during the full season is counted in the length of service for assigning a pension for a year of work, approved by Resolution of the Council of Ministers of the RSFSR of 07/04/1991 N 381 (hereinafter - Resolution N 381);
- The list of seasonal industries and activities used when granting a deferral or installment plan for tax payment, approved by Decree of the Government of the Russian Federation of 04/06/1999 N 382.
Traditionally seasonal are:
- agricultural work (harvesting of agricultural products, fur farming);
- plant growing;
- extraction, drying and cleaning of peat, repair of equipment in the field;
- field forest inventory work, sowing and planting forests, work in forest nurseries;
- extraction of precious metals and precious stones;
- logging, rafting, afforestation and reforestation;
- production of dairy and meat canned food;
- fishing and seafood production and processing;
- production of sugar, canned fruits and vegetables, etc.;
- production of products from natural fur;
- dredging and bank protection works.
So, based on the foregoing, we can say that seasonal work includes work that, due to climatic or other natural conditions, is performed only during a certain period and cannot be performed during the entire calendar year. As a general rule, the duration of a season cannot exceed six months.

We conclude an employment contract

A feature of seasonal work is their specific duration, therefore, for their implementation in a certain period (season), they are concluded with employees. Recall that the contract must be executed in writing, and the condition on the seasonal nature of the work must be indicated in it by virtue of Art. 59 of the Labor Code of the Russian Federation. In addition, the condition of the seasonality of work must be reproduced in the order for employment (Article 68 of the Labor Code of the Russian Federation).
In accordance with the requirements of Art. 57 of the Labor Code of the Russian Federation in the employment contract, you must specify the period of its validity or specific dates for the start and end of work. But, since the term of the season sometimes depends on natural and climatic conditions (for example, on the weather) and it is not always possible to determine its duration in advance, the term of the employment contract may not be specified in the text. One thing is obvious: an employment contract for seasonal work, as a general rule, cannot last more than six months (another period is established by social partnership agreements concluded at the federal level).
According to the general rule enshrined in Art. 65 of the Labor Code of the Russian Federation, in order to conclude an employment contract, an employee must present the necessary documents:
- passport or other identity document;
- a work book, except for cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis;
- insurance certificate of state pension insurance;
- military registration documents - for those liable for military service and persons subject to conscription for military service;
- a document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training.
Sometimes the question arises: do the rules for concluding an employment contract apply through the actual admission to the performance of seasonal work? We answer. Indeed, the provisions of Art. 67 of the Labor Code of the Russian Federation, it is determined that an employment contract that is not properly executed is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. But we believe that when applying for seasonal work, this rule cannot be applied. Let's explain why. Persons hired for seasonal work must be warned about this when concluding an employment contract. And with the actual admission to work, it may turn out that the employee will not know about the seasonality of his work. If the actual admission to the performance of seasonal work is carried out, then it will be quite difficult for the employer to prove in the future that he wanted to hire a seasonal worker, and as a result, the employment contract can be qualified as concluded for an indefinite period.

Note! If an employee is hired for a season not exceeding two months, according to the rules of Part 4 of Art. 70 of the Labor Code of the Russian Federation, a test cannot be assigned to him.

The test condition (if any) must also be included in the employment contract. Until 2006 in Art. 294 of the Labor Code of the Russian Federation contained a restriction: the probationary period should not exceed two weeks. Now seasonal workers are subject to the general rules on probation established by Art. 70 of the Labor Code of the Russian Federation: the test period cannot exceed three months. When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.

Features of granting leave

For seasonal workers, a special vacation rule has been established. In particular, employees employed in seasonal jobs are provided with paid leave at the rate of two working days for each month of work (Article 295 of the Labor Code of the Russian Federation). If an employee has worked half a month, then he is given one working day for vacation. Recall that, as a general rule, established by Art. 115 of the Labor Code of the Russian Federation, the duration of annual paid leave is 28 calendar days.
The average daily wage for paying for vacations provided on working days, in the cases provided for by the Labor Code, as well as for paying compensation for unused vacations, is determined by dividing the amount of accrued wages by the number of working days according to the calendar of the six-day working week (Article 139 of the Labor Code of the Russian Federation) .
Typically, seasonal workers do not enjoy paid vacations, and receive compensation for it upon dismissal. When calculating compensation, the legislator also deviated from the general norms, according to which employees are entitled to compensation in the amount of 2.33 days for each full month worked. In this case, two business days are taken to calculate it.
In addition, employees can write an application for leave with subsequent dismissal according to the rules of Art. 127 of the Labor Code of the Russian Federation. In this case, the day of dismissal will be the last day of vacation. Despite the fact that the vacation time goes beyond the term of the employment contract (and may go beyond the six-month period), the contract will not go into the category of indefinite.
If an employee is entitled to additional paid leave (for example, for work with harmful and dangerous working conditions, irregular working hours), they should be calculated according to general rules.

Features of termination of an employment contract

Recall that an employment contract for the performance of seasonal work is urgent, therefore, the rules of Art. 79 of the Labor Code of the Russian Federation: an employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season). But other grounds for terminating the employment relationship are not ruled out.
For example, seasonal workers can terminate an employment contract of their own free will before the expiration date. The employee must notify the employer of such a desire not 14 calendar days in advance, as established by Art. 80 of the Labor Code of the Russian Federation, and not less than three calendar days. The employee must do this in writing, for example, in a statement. The notice period for dismissal begins on the next day after the employer receives the letter of resignation (Article 80 of the Labor Code of the Russian Federation).
Leaving work without a valid reason by a person who has entered into a fixed-term employment contract, before the expiration of the contract or before the expiration of the warning period for early termination of the employment contract, is considered absenteeism (paragraph "d", paragraph 39 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 "O application by the courts of the Russian Federation of the Labor Code of the Russian Federation").
For the employer, some terms are also determined with a deviation from the general norms. In particular, in accordance with Art. 296 of the Labor Code of the Russian Federation about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees, the employer must notify seasonal workers at least seven calendar days in advance (usually this period is two months). The employer must also do this in writing. With such a notice, you need to familiarize the employee against signature. Please note that upon termination of the employment contract in this case, by virtue of Art. 296 of the Labor Code of the Russian Federation, a seasonal worker is entitled to a severance pay in the amount of two weeks of average earnings. But the preservation of the average earnings for the dismissed seasonal workers for the period of employment, art. 178 of the Labor Code of the Russian Federation is not provided.
There are no other features of terminating an employment contract with seasonal workers; for other reasons, termination of employment relations is carried out in a general manner. For example, when dismissing a seasonal worker at the initiative of the employer for absenteeism, the procedure for bringing to disciplinary responsibility, provided for in Art. Art. 192, 193 of the Labor Code of the Russian Federation. Also, the employment contract may be terminated due to circumstances beyond the control of the parties, established by Art. 83 of the Labor Code of the Russian Federation (for example, the death of an employee).

How is the seasonal service for pension calculated?

When assessing the pension rights of insured persons, when assigning a labor pension to them, the total length of service is taken into account. Basically, the periods of labor activity included in such length of service are calculated on a calendar basis according to their actual duration. But for some activities, exceptions are made. In particular, according to paragraph 2 of Art. 12 of the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation", when calculating the insurance period, periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account from in such a way that the duration of the insurance period in the corresponding calendar year is a full year. Currently, the PFR uses Decree N 498, according to which the List of such seasonal industries includes:
1) peat industry (swamp preparation, extraction, drying and harvesting of peat, repair and maintenance of process equipment in the field);
2) logging industry (extraction of resin, barras, stump resin and spruce sulfur);
3) timber rafting (dumping of timber into the water, primary and raft timber rafting, sorting on the water, rafting and rolling out timber from the water, loading (unloading) timber onto ships);
4) forestry (afforestation and reforestation, including soil preparation, sowing and planting forests, caring for forest crops, work in forest nurseries and field forest management);
5) butter and cheese and dairy industry (seasonal work in organizations for the production of dairy products and in specialized organizations for the production of canned milk);
6) meat industry (seasonal work in organizations for the production of meat products, poultry processing and the production of canned meat);
7) the fishing industry (seasonal work in organizations for catching fish, catching whales, sea animals, seafood and processing these raw materials, in fish culinary, canning, fish meal, fat meal organizations and refrigerators of the fishing industry, in aerial reconnaissance);
8) sugar industry (seasonal work in organizations for the production of granulated sugar and refined sugar);
9) fruit and vegetable industry (seasonal work in organizations for the production of canned fruits and vegetables).
Work for a full season at enterprises of the seasonal fisheries, meat and dairy industries, at enterprises of the sugar and canning industries is counted in the length of service for assigning a pension for a year of work starting from the 1967 season (clause 2 of Resolution N 381).
For employees of enterprises - ship owners of the fishing fleet of the fishing industry, Decree of the Ministry of Labor of Russia dated December 28, 1994 N 87 "On the adjustment of the average number of employees of enterprises (associations) - ship owners of the fishing fleet of the fishing industry" provides that since 1994, if the actual number of hours worked is exceeded against the normal the number of working hours at enterprises (associations) - shipowners of the fishing fleet, where, due to the Putin (seasonal) nature of work, a summarized accounting of working hours is established, the average number of employees of these enterprises for the reporting period, when calculating the normalized value of labor costs, is adjusted by a coefficient characterizing the ratio of the number of hours actually worked to the normal number of working hours established by law. The procedure for determining the average number of employees of these enterprises in statistical reporting remains the same.

In today's material, BusinessTimes has tried to summarize the stories we have published, and to bring together all the possible options for 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 we outline the positive and negative aspects of seasonal work in general terms, we can single out the following advantages, because of which Russians decide to take such a step:

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

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

- thirdly, many Russians choose seasonal work in order to simultaneously practice a 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 can force you to leave the workplace early and find yourself 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. 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 there are no upper age limits at all) 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 a hotel, tips can be additional income up to half of the salary declared by the employer. 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 there, it is relatively easy to get a work visa, it is easy to travel - the main thing is to overcome the many-hour flight to the Land of the Long White Cloud - this is how 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.