Seasonal Agreement

by on October 6, 2021

A seasonal worker cannot receive the required holiday pay during the low season if he is not at the workplace. One of these undesirable results results from the tendency of employers to recruit the same people year after year. Although these seasonal workers manage to make an unpaid layoff (or other break from work) every year, they regularly return to work every year and there is really no doubt that their employment continues exactly where it left off. Some companies have an influx of work at certain times of the year, while others can only work seasonally. Hiring seasonal workers allows these companies to recruit temporary staff to cover the extra work only while they are needed. In this way, employees will not be dismissed abruptly and unexpectedly. If there is a possibility or expectation that the employee will return for a second season (or subsequent seasons), another type of contract is required. In essence, the current seasonal hires to which I refer (people in annual comparison) should be signed with an employment contract of indefinite duration (a contract which only provides for the seasonal provision of services) and which contains a binding and enforceable termination clause. Even if the seasonal employment contract has already been renewed twice, the employer is not required to respect a waiting period. On December 31, the employer proposes to extend the contract for an additional 2 months. Seasonal work is a kind of fixed-term contract in which the employment relationship ends after a given period or event. Companies that have to perform regular tasks and at the same time each year, depending on the seasons or collective lifestyles (holiday periods, tourism, etc.) can resort to seasonal contracts. “Indeed, although they are referred to as `seasonal workers`, when these workers are called to work from time to time and are only temporarily dismissed during the low season, the law does not consider them to be separated from the service during the low season.

The law considers that these seasonal workers are simply on leave until recovery. (Universal Robina Sugar Milling Corporation v. Acibo, No. 186439, January 15, 2019.) CONSIDERING that the agreement consists of a purely seasonal employment relationship, but in which the company contains a renewal clause for the following season and that the employment relationship between the same employer and the worker lasts for more than 2 seasons, the employment relationship is considered to be a relationship of indefinite duration. The start and end date of the season must be clearly indicated in the seasonal employment contract. • When or how the employment contract ends • Why the worker is engaged for seasonal employment • Wages and hours of work • Statutory leave rates • Sick leave, bereavement leave and bereavement leave • Health and safety requirements • Rest and meal breaks In the case of a seasonal contract, the employer must not respect the waiting period required for fixed-term contracts, even if the seasonal worker is a temporary agency worker. .

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