What jobs are seasonal? Dismissal of a seasonal worker Seasonal temporary nature of the work.

Conclusion and termination of an employment contract with seasonal workers

Options for an employment contract with a seasonal worker

Many types of economic activities directly depend on the time of year or climatic conditions. Therefore, employers often hire employees only for a certain period. We are starting a series of articles that will acquaint readers with the specifics of seasonal work, the standards governing them, as well as the peculiarities of formalizing labor relations. First, let’s look at the very concept of “seasonal work” and tell you how to draw up an employment contract with a seasonal worker.

The definition of seasonal work is given in Part 1 of Article 293 of the Labor Code. Essentially, these are works that are performed only for a certain period of time due to climatic or other natural conditions. According to labor legislation, the duration of the season is, as a rule, no more than six months.

If the duration of work exceeds six months, the norms for regulating seasonal work are applied to it, if such work is included in the list determined by industry (inter-industry) agreements. The same agreements establish their maximum duration (Part 2 of Article 293 of the Labor Code of the Russian Federation). In table 1 on p. 88 provides examples of “extended” seasonal work and indicates the industry agreements in which they are listed.

As often happens, along with documents issued recently, old regulations that have not lost force continue to apply. One of them is the List of Seasonal Works, approved by Decree of the People's Commissariat of Labor of the USSR dated 11.10.32 No. 185 (Table 2 on p. 89). There is another document that lists seasonal work. This is a List of seasonal industries and types of activities used when providing a deferment or installment plan for the payment of taxes, approved by Decree of the Government of the Russian Federation dated 04/06/99 No. 382 (Table 3 on 96.).

Table 1. List of seasonal work in industry agreements

Table 2. List of seasonal work

Peculiarities of registration of labor relations with seasonal workers

When establishing an employment relationship with a seasonal worker, you should first of all keep in mind that it is of an urgent nature. Therefore, a number of documents are drawn up taking into account this circumstance. Let's look at them.

We draw up an agreement

Since seasonal work implies the establishment of an employment relationship only for a certain period, a fixed-term employment contract is concluded with employees hired to perform it. This is stated in paragraph 3 of part 1 of article 59 of the Labor Code. When drawing up in this case, it is necessary to indicate that the work performed within its framework is seasonal in nature. This is a requirement of Article 294 of the Labor Code of the Russian Federation.

The provision for testing, if it is intended, must also be spelled out in the seasonal player’s contract. However, it must be taken into account that when concluding a contract for a period of two to six months, the probationary period cannot exceed two weeks (Part 6 of Article 70 of the Labor Code of the Russian Federation).

If an employee is hired for a period not exceeding two months, according to the rules established in paragraph 7 of part 4 of Article 70 of the Labor Code, probation cannot be assigned to him.

Apart from those mentioned above, the employment contract with seasonal workers does not contain any other nuances. Traditionally, in accordance with Part 1 of Article 57 of the Labor Code, the following information is indicated in the document:

• surname, name, patronymic of the employee;
• name of the employer or full name of the employer - an individual;
• information about documents proving the identity of the employee and the employer - an individual;
• TIN, if it is assigned to the employee (for employers, with the exception of employers - individuals who are not individual entrepreneurs);
• information about the employer’s representative who signed the employment contract and the basis on which he is vested with the appropriate powers1;
• place and date of conclusion of the employment contract.

Table 3. List of seasonal industries

In addition, an employment contract with a seasonal worker, as with another employee, must contain mandatory conditions, the list of which is established in Part 2 of Article 57 of the Labor Code of the Russian Federation (Table 4 on p. 99).

Let's look at an example of how to draw up a fixed-term employment contract with a seasonal worker.

Example 1.

LLC "Amber Ears" requires a tractor-combiner driver for agricultural work from April to October. F.M. was invited to fill this vacancy. Field. How to draw up a fixed-term employment contract with him for seasonal work?

Solution.

When drawing up an employment contract with a tractor-combiner driver, the head of the HR department took into account such nuances as the urgency of the work performed (from April 1 to September 30, 2010), the place of work (crop areas near the village of Agrafenovka), the nature of the work (mobile), the work mode ( three days later). A sample document is shown on p. 100.

We draw up an order

After an agreement has been concluded with the employee, the head of the organization draws up an order for hiring him according to form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and its payment” . It must also indicate that the employee will perform work only during a certain period.

Entries in the work book

The employer must make a record of hiring in the work book of a seasonal worker if he has worked for him for more than five days, and his work is the main one for the seasonal worker. This is the requirement of paragraph 3 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

Table 4. List of mandatory conditions of the employment contract

Sample of a fixed-term employment contract (fragment)

Olga Duchenko, lawyer of corporate and arbitration practice of the law firm "Kachkin and Partners"

Every year, entrepreneurs make the same mistakes related to hiring employees for a short-term period. The most pressing issues remain the classification of work as seasonal, the provision of leave and the payment of compensation for it.

When formalizing labor relations with seasonal workers, companies and entrepreneurs should remember that the legislation provides for a number of features for regulating the labor of such employees. In this article we will look at what jobs are recognized as seasonal, what are the features of hiring, granting vacations, and dismissing such workers. This primarily concerns areas such as harvesting, landscaping, construction, tourism, catering and trade.

Seasonal work is work that, due to climatic and other natural conditions, is performed during a certain period (season), usually not exceeding six months. This definition is contained in Art. 293 Labor Code of the Russian Federation. The main criterion for classifying work as seasonal - its 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). Temporary work can be separated from seasonal work, if it lasts less than two months, based on the criterion of natural conditions that 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 a possibility is established by an industry (inter-industry) agreement concluded at the federal level of social partnership. Such agreements establish lists of seasonal work. For example, the Industry Tariff Agreement in the housing and communal services of the Russian Federation establishes seasonal work in the field of thermal energy production. The duration of work in it is equal to the duration of the heating season, which can exceed six months. If there is no agreement in the industry, based on Art. 423 of the Labor Code of the Russian Federation, one can be guided by the List of seasonal work approved by the Decree of the People's Commissariat of Labor of the USSR dated October 11, 1932 No. 185, as well as other documents, for example, Decree of the Government of the Russian Federation dated July 4, 2002 No. 498, Decree of the Council of Ministers of the RSFSR dated July 4, 1991 No. 381, Decree of the Government of the Russian Federation dated 04/06/1999 No. 382.

A dispute about the nature of the 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 find that the work was seasonal in nature, 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 established that the structural unit in which the plaintiff worked was a processor of potatoes - an agricultural product whose shelf life according to GOST 28372-93 does not exceed seven months - and in From June to August, the division’s activities were suspended due to a lack of raw materials. Since the plaintiff’s job responsibilities were related to the processing of this raw material, the availability of which depends on climatic conditions, the court concluded that the work was seasonal in nature.

At the same time, the burden of proving the validity of concluding a fixed-term employment contract or the seasonal nature of employment lies with the employer, who must confirm the validity of concluding a fixed-term employment contract with the employee by objective circumstances. Thus, in the ruling of the Perm Regional Court dated July 20, 2010 in case No. 33-6089, the dismissal of the plaintiff due to the expiration of the period for which a fixed-term employment contract was concluded was declared illegal: the court came to the conclusion that there were no circumstances for which the employment relationship with the plaintiff could have been established for a certain period, since the defendant guarded property, 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 employer’s conclusion of a fixed-term employment contract unproven, since the latter, as evidence, referred only to its own local normative act - an order. Also, the Supreme Court of the Russian Federation, in its ruling dated November 13, 1998 No. 5-Врп98-340, indicated that renting premises in which an employee performs a labor function is not evidence of the seasonal nature of the work.

Arbitrage practice

It is necessary to distinguish between the seasonal nature of work and seasonal demand for products produced 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, lasting no more than a year, the company had no grounds for concluding plaintiff of a fixed-term employment contract. At the same time, in order to justify 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, and therefore a fixed-term employment contract was concluded with the employee.

In the above case, when demand for products increases, the employer has the right, by local regulations, to establish for employees with piecework-bonus wages a summary accounting of working time for the period of increased demand for products. According to Art. 104 of the Labor Code of the Russian Federation, when, due to the conditions of production (work) of an individual entrepreneur, in the organization as a whole, or when performing certain types of work, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized recording of working hours so that so that the duration of working hours 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 summarized recording of working time is established by the internal labor regulations.

For example, the Supreme Court of the Udmurt Republic, in a cassation ruling dated March 21, 2011 in case No. 33-863/11, recognized as legal the employer’s actions to introduce 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 the connection with natural conditions, lists of work are established by industry agreements, Soviet acts are applied retrospectively, in the absence of a list, the court has the right to examine the nature of the work and establish its seasonal nature.

Registration and terms of the employment contract

In addition to the general provisions, the employment contract must include the following information.

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 (the end of the harvest, the end of the ice drift, the 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 Chapter. 46 Labor Code of the Russian Federation.

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

A probationary period of no more than two weeks can be established if the validity period of the contract exceeds two months (Part 6 of Article 70 of the Labor Code of the Russian Federation).

Entry into the work book is completed in the general manner if the employee is hired for a period of more than five days. The urgent nature of the work should not be indicated in the entry; this is not provided for in clause 3.1 of the Instructions for filling out work books. The employment order indicates 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.

It is necessary to take into account that employees with whom a fixed-term employment contract has been concluded to perform seasonal work are subject to all the guarantees provided to employees under an employment contract concluded for an indefinite period. Thus, the Novosibirsk Regional Court, in a cassation ruling dated September 30, 2010 No. 33-5848/2010, declared illegal the inclusion in an employment contract concluded for seasonal work of conditions establishing a 60-hour working week and ordered the employer to pay for work time 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.

Right to vacation

According to Art. 295 of the Labor Code of the Russian Federation, seasonal workers have the right to paid leave. It is provided at the rate of two working days for each month of work. This norm appeared in domestic labor legislation only in 1991. Before 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 may be granted with subsequent dismissal, and if the duration of the vacation exceeds the term 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).

Vacation payment is carried out in accordance with clause 11 of the Regulations on the specifics of the procedure for calculating average wages, 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 a six-day working week, per working hours worked) and multiplied by the number of working days of vacation to be paid. If a seasonal employee has the right 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.
Typically, seasonal employees do not take vacations. A seasonal employee who does not use vacation has the right to compensation.

Termination of an employment contract

An employment contract with a seasonal worker is terminated due to the expiration of its validity period (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, upon expiration of the specified employment contract, neither the employee nor the employer demanded its termination and the employee continues work, then the condition is urgent the nature of the employment contract becomes invalid. Such an employment contract is subsequently considered concluded for an indefinite period, as indicated by Art. 58 Labor Code of the Russian Federation.

If the employee is pregnant, 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 resign 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). If an employee is dismissed due to downsizing or liquidation of the organization, he must be notified no later than seven days in advance; he is paid compensation in the amount of an average two-week salary.

Taking into account the above-mentioned features of regulating the labor of seasonal workers will help avoid labor disputes with them. The employer must remember that if the documents are completed 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 absence, reimburse the cost of the services of his representative, and pay compensation for moral damages. Violation of labor legislation may also result in the employer being brought to administrative liability in the form of a fine of 30,000 to 50,000 rubles.

Seasonal work is regulated by Ch. 46 Labor Code of the Russian Federation. In particular, in Art. 293 of the Labor Code of the Russian Federation gives their definition: seasonal work is recognized as work that, due to climatic and other natural conditions, is carried out 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 work, which can be carried out over a period (season) exceeding six months, is determined by industry (inter-industry) 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 Industry Agreement on the timber industry of the Russian Federation for 2009 - 2011 stipulates 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 particular region and is included in the terms of the collective agreement or established in local regulatory 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 forest industry:
- logging industry (extraction of resin, barras, stump tar and spruce sulfur);
- timber rafting (discharge of wood into water, primary and raft timber rafting, sorting on water, rafting and rolling out wood from water);
- loading (unloading) of wood onto ships.
Seasonal services also include the transportation of passengers. At the same time, in resort areas, the season is considered to be the summer-autumn period, and when transporting to recreation areas, holiday villages and gardening associations - from May to October.

The industry tariff agreement in the housing and communal services of the Russian Federation for 2008 - 2010 establishes that the duration of seasonal work in life support systems for the population is determined by the period of provision of the corresponding services. The peculiarity of such seasonal work is provided for by regional industry tariff agreements and collective agreements of organizations. This Agreement also establishes a list of seasonal work, which can be carried out during a period (season) exceeding six months, which includes the production, transmission and sale of thermal 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 this work is 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 of provision of housing and communal services.

As quite often happens, along with documents issued recently, old regulations that have not lost force continue to apply. For example, you can use:
- List of seasonal work, approved by Decree of the People's Commissariat of the USSR dated October 11, 1932 N 185;
- A list of seasonal industries, work in organizations of which during the full season when calculating the insurance period is taken into account in such a way that its duration in the corresponding calendar year is a full year, approved by Decree of the Government of the Russian Federation of July 4, 2002 N 498 (hereinafter referred to as Decree N 498 );
- A list of seasonal work and seasonal industries, work in organizations of which, regardless of their departmental affiliation, for a full season is counted towards the length of service for granting a pension for a year of work, approved by Resolution of the Council of Ministers of the RSFSR dated 07/04/1991 N 381 (hereinafter referred to as Resolution N 381);
- A list of seasonal industries and types of activities used when providing a deferment or installment plan for tax payment, approved by Decree of the Government of the Russian Federation of 04/06/1999 N 382.
Traditionally, seasonal ones include:
- agricultural work (harvesting agricultural products, fur farming);
- crop production;
- extraction, drying and harvesting of peat, repair of equipment in the field;
- field forest management work, sowing and planting forests, work in tree nurseries;
- mining of precious metals and precious stones;
- logging operations, timber rafting, afforestation and reforestation;
- production of canned milk and meat;
- fishing and seafood production and processing;
- production of sugar, canned fruits and vegetables, etc.;
- production of products from natural fur;
- bottom and bank protection works.
So, based on the above, 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 throughout the entire calendar year. As a general rule, the duration of the season cannot exceed six months.

We conclude an employment contract

A feature of seasonal work is its specific duration, therefore, to perform it in a certain period (season), contracts are concluded with employees. Let us remind you that the contract must be drawn up in writing, and the condition regarding the seasonal nature of the work must be indicated in it by virtue of Art. 59 Labor Code of the Russian Federation. In addition, the condition regarding the seasonality of work must be reproduced in the employment order (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, the employment contract must indicate its validity period or specific start and end dates of work. But, since the duration of the season sometimes depends on natural and climatic conditions (for example, 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, to conclude an employment contract, the employee must present the necessary documents:
- passport or other identification document;
- work book, except for cases when an employment contract is concluded for the first time or the employee starts working 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 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 by actual admission to perform seasonal work apply? We answer. Indeed, the norms of Art. 67 of the Labor Code of the Russian Federation determines that an employment contract that is not properly drawn up is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. But we believe that this rule cannot be applied when hiring for seasonal work. Let's explain why. Persons hired for seasonal work must be warned about this when concluding an employment contract. And when actually allowed to work, it may turn out that the employee will not know about the seasonality of his work. If the actual admission to perform seasonal work is carried out, then in the future it will be quite difficult for the employer to prove 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 probation clause (if it is intended) 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 the probationary period 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 probationary period cannot exceed two weeks.

Features of providing leave

For seasonal workers, a special rule has been established regarding the provision of leave. In particular, employees engaged in seasonal work 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 for half a month, he is given one working day for vacation. Let us recall that according to the general rule established by Art. 115 of the Labor Code of the Russian Federation, the duration of annual paid leave is 28 calendar days.
Average daily earnings for payment of vacations granted in working days, in cases provided for by the Labor Code, as well as for payment of compensation for unused vacations, are determined by dividing the amount of accrued wages by the number of working days according to the calendar of a six-day working week (Article 139 of the Labor Code of the Russian Federation) .
Typically, seasonal workers do not use paid leave, but upon dismissal they receive compensation for it. 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, it takes two working days to calculate it.
In addition, employees can write an application for leave with subsequent dismissal according to the rules of Art. 127 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 become open-ended.
If an employee has the right to additional paid leave (for example, for work with harmful and dangerous working conditions, irregular working hours), they must be calculated according to the general rules.

Features of termination of an employment contract

Let us remind you that an employment contract for seasonal work is a fixed-term one, therefore the rules of Art. 79 of the Labor Code of the Russian Federation: an employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season). But other grounds for termination of employment relations are not excluded.
For example, seasonal workers can terminate their employment contract at their own request before its 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 notice of dismissal (Article 80 of the Labor Code of the Russian Federation).
Abandonment of work without a good 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 notice period for early termination of the employment contract is considered as absenteeism (clause “d”, paragraph 39 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 “On application by the courts of the Russian Federation of the Labor Code of the Russian Federation").
For the employer, some deadlines are also determined with deviations from 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. This notice must be presented to 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 severance pay in the amount of two weeks’ average earnings. But the preservation of average earnings for dismissed seasonal workers for the period of employment Art. 178 of the Labor Code of the Russian Federation is not provided for.
There are no other specifics for terminating an employment contract with seasonal workers; for other reasons, termination of employment relations is carried out in accordance with the general procedure. For example, when dismissing a seasonal worker at the initiative of the employer for absenteeism, the procedure for bringing to disciplinary liability, provided for in Art. Art. 192, 193 Labor Code of the Russian Federation. Also, an employment contract can 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, death of an employee).

How is seasonal service for a pension calculated?

When assessing the pension rights of insured persons, when assigning them a labor pension, the total length of service is taken into account. Basically, periods of work included in such length of service are calculated calendar based on their actual duration. But exceptions are made for certain types of activities. 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 with in such a way that the duration of the insurance period in the corresponding calendar year is a full year. Currently, the Pension Fund of Russia uses Resolution No. 498, according to which the List of such seasonal industries includes:
1) peat industry (swamp preparation work, extraction, drying and harvesting of peat, repair and maintenance of technological equipment in the field);
2) logging industry (extraction of resin, barras, stump tar and spruce sulfur);
3) timber rafting (discharge of wood into water, primary and raft timber rafting, sorting on water, rafting and rolling out wood from water, loading (unloading) of wood onto ships);
4) forestry (afforestation and reforestation, including soil preparation, sowing and planting forests, caring for forest crops, work in forest nurseries and field forest management work);
5) butter, cheese and dairy industries (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) fishing industry (seasonal work in organizations for catching fish, catching whales, sea animals, seafood and processing these raw materials, in fish culinary, canning, fish flour, fat and flour organizations and refrigerators of the fishing industry, in aerial reconnaissance);
8) sugar industry (seasonal work in organizations producing granulated sugar and refined sugar);
9) fruit and vegetable industry (seasonal work in organizations producing canned fruits and vegetables).
Work for a full season at enterprises in the seasonal fisheries, meat and dairy industries, at enterprises in the sugar and canning industries is counted towards the pension for the year of work starting from the 1967 season (clause 2 of Resolution No. 381).
For employees of enterprises - shipowners of the fishing fleet of the fishing industry, Resolution of the Ministry of Labor of Russia dated December 28, 1994 N 87 "On adjusting the average number of employees of enterprises (associations) - shipowners of the fishing fleet of the fishing industry" stipulates that since 1994, if the actual number of hours worked exceeds the normal the number of working hours at enterprises (associations) - ship owners of the fishing fleet, where, due to the regular (seasonal) nature of work, a summarized accounting of working time is established, the average number of employees of these enterprises for the reporting period, when calculating the standard value of labor costs, is adjusted by a coefficient characterizing the ratio of the actual number of hours 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.

Mikhail, 25 years old: Good afternoon! I was recently offered a seasonal job. What definition does the legislation give to seasonal work, what are the features of labor relations?

Types of seasonal work

The legislation classifies this type of employment as work that:

• due to climatic and other natural conditions, last no more than six months, although there are exceptions when such activities can last for more than six months;
• included in the List seasonal work established at the federal level.

Types of seasonal work are included in various industries, here are some examples:

1. Forestry, fishing, hunting, water, agriculture.

2. Processing industry, peat, medical, light and other industries.

3. All sectors of the economy. Examples of seasonal work are: transporting passengers and cargo, snow removal, crop growing, landscaping, mining of precious metals and much more. Now let’s figure out what features labor relations have during the period of such work.

Peculiarities of labor relations for seasonal work

1. A fixed-term employment contract is concluded, which states that the person will be accepted for seasonal work, if possible, the start and end dates of the work are indicated. If the period is from 2 to 6 months, then the probationary period should not exceed two weeks.

2. The documents presented when applying for a job are standard.

3. Typically, seasonal workers do not take vacations; in this case, they must be paid compensation upon dismissal. But if the employee nevertheless decides to take a vacation, then he will be paid at the rate of 2 working days for each month of work.

4. If for any reason an employee wants to terminate the employment contract, he must notify the employer, not 2 weeks in advance, as in a regular job, but 3 days in advance. The employer must notify the employee one week before terminating the contract.

5. The length of service for a pension is calculated depending on the industry of the given activity. Now that you have an idea about seasonal work, what types of activities relate to it, how labor relations are regulated, I would like to talk about the pros and cons of it, which will help you understand whether this type of work is suitable for you.

Pros and cons of seasonal work

The positive aspects of seasonal work include: 1. The opportunity to earn decent money in a fairly short period of time. 2. Additional income while you do not have a permanent job. 3. You can get practice in a foreign language, get acquainted with another culture, and discover new, interesting places if you go to another country for this job.

What are the negative aspects of this kind of work:

1. Of course, this is uncertainty, uncertainty about the future. Such activity will end sooner or later, and you will again find yourself searching.

2. Typically, most seasonal jobs involve heavy physical labor, which not everyone can withstand.

3. If you are in a foreign country, you risk losing your job for any reason and being left without money.

Here is a short guide for people who want to get a seasonal job.