How to hire seasonal workers and make payments to staff

Labor guarantees for seasonal workers

Labor relations between an employer and a seasonal worker are regulated by the provisions of the Labor Code of the Russian Federation. An employer engages a citizen in seasonal work by concluding a fixed-term employment contract with him. The period of validity of the agreement is determined in accordance with weather and climatic conditions affecting the execution of work.

A sample employment contract with a seasonal worker can be downloaded here ⇒ Employment contract with a seasonal worker.

The Labor Code of the Russian Federation provides seasonal workers with the following labor guarantees:

• paid days of rest according to Art. 295 Labor Code of the Russian Federation;
• payment for the period of absence from work due to temporary incapacity for work on the basis of sick leave;
• payment of severance pay upon dismissal due to reduction.

When engaging an employee in seasonal work, the employer sets a work schedule and fixes it in local regulations and an employment contract. The period of work of a seasonal worker during the reporting period should not exceed the standards established by the production calendar.

If the period of work of a seasonal employee exceeds the established norms, the employer will calculate and pay an additional payment for overtime:

• in the amount of 150% of the hourly tariff rate for each hour of overtime (the first 2 hours);
• in the amount of 200% of the hourly tariff rate for each hour of overtime (subsequent hours).

Additional payment is also provided for attracting a seasonal employee to work on weekends, holidays, and night hours (from 23:00 to 06:00).

How many days of vacation for a seasonal worker?

According to Art. 293 of the Labor Code of the Russian Federation, the employer is obliged to provide a seasonal employee with paid leave at the rate of 2 working days for each month of work . This means that, after working a full calendar month, a seasonal employee can go on vacation for 2 days; after working for 2 months, he can take a vacation for 4 days, etc.

In general, the minimum period of continuous work at the enterprise for taking leave is 6 calendar months. However, this requirement does not apply to persons hired to work under a fixed-term employment contract.

A seasonal employee can take a vacation for 2 days after continuous work for the 1st calendar month. In exceptional cases, by prior agreement with the employer, leave may be granted earlier - after 2 weeks of work. In this case, the rest period will be 1 day.

We emphasize that seasonal workers are subject to the general provisions of labor legislation, in accordance with which an employee can take leave without pay, regardless of the period worked at the enterprise.

Let's look at an example . 07/01/2021 Dubkov S.D. got a job at Sadovod LLC. Dubkov’s employment contract was drawn up taking into account the following provisions:

• the contract period is from 07/01/2021 to 10/01/2021 (3 months);
• Dubkov is involved in the work of harvesting apples.

On August 1, 2021, Dubkov took a 2-day vacation (from August 7 to August 8).

On August 15, 2021, Dubkov again turned to the management of Sadovod LLC to arrange a vacation for 2 days - from August 20 to 22, 2021. Since Dubkov used 2 days of vacation accrued for July earlier, and for the first 2 weeks of August Dubkov was accrued 1 vacation day, rest days from August 20 to 22 are issued to Dubov in the following order:

• 08.2021 – 1 day of annual paid leave;
• 08.2021 – 1 day of vacation at your own expense.

Calculation of experience

In accordance with Art. 115 of the Labor Code of the Russian Federation, those working under an employment contract are provided with paid rest for at least 28 days a year, in other words, 2.33 days for each month worked (28/12). Some workers have the right to extended basic holidays, for example:

• disabled people (30 - 2.5 days);
• civil servants (30 - 2.5 days);
• workers under 18 years of age (31 - 2.58 days);
• “northerners” (44 (52) - 3.67 (4.34) days).

To calculate the vacation period, the working year is taken. For each employed person, the year is individual, depending on the time of hiring, periods of absence for some reasons. In particular, administrative leave of more than 14 days increases the working year by the period exceeded. Time spent caring for children under 3 years of age is not included in the length of service for calculating leave. Those performing work under a GPC contract are not provided with paid rest.
For example, an employee was hired on June 25, 2018. I was absent from June 26 to July 2. Resigned on July 16, 2018 of his own free will. The vacation period will include 15 days, since absenteeism is not included in it. In accordance with clause 35 of the Rules on regular and additional leaves of April 30, 1930 No. 169, an incompletely worked month:

• is considered as whole if the employment is at least half;
• is not taken into account if employment is less than half.

It turns out that in these circumstances the length of service will be rounded up to a whole month. A month is taken not as a calendar period, but as a working period - from the moment of hiring until the same date of the next month, for example, from June 25 to July 24.

Applying for leave for a seasonal worker: step-by-step instructions

Registration of leave for a seasonal employee is carried out in the general manner - based on the employee’s application to the employer.

Below are instructions that describe the features of registering vacation and calculating vacation pay for a seasonal employee.

Step 1. Preparing an application

At the first stage, an employee involved in seasonal work draws up an application for leave and submits it to the employer.

The application is drawn up in the general manner and does not have any special features compared to the application drawn up when applying for leave under a standard employment contract.

The application form is not approved by law; the document is drawn up in free form, indicating the following information:

• name of company;
• Full name, position of the manager in whose name the application is being submitted;
• Full name, position of seasonal worker;
• vacation period (from _____ to _____), number of days (___days);
• basis for granting leave (Article 295 of the Labor Code of the Russian Federation);
• date of application.

A sample application form can be downloaded here ⇒ Application for leave for a seasonal worker.

Once completed, the employee signs the document and submits it to the manager for approval.

Step #2. Issuance of an order

Based on the application, the employer issues an order to grant the employee leave.

The order must be drawn up and signed by the manager no later than the day the vacation begins.

After drawing up the document and signing it by the manager, one copy of the order is given to the seasonal worker for review (“Acquainted”, employee’s full name, signature, date).

A sample order can be downloaded here ⇒ Leave order for a seasonal worker.

Step #3. Calculation of average earnings for vacation pay

An employer providing annual leave to a seasonal employee is obliged to pay for days of rest in accordance with the norms of the Labor Code, namely to pay vacation pay in the amount of average daily earnings for each day of rest:

VacationSeason = WedDearSeason*PeriodOpt,

where Vacation season is the total amount of vacation pay accrued during the vacation period; Average daily earnings for the billing period; PeriodOtp – vacation period in calendar days.

When calculating the average earnings of a seasonal worker, the employer takes into account the entire amount of income paid to the employee within the pay period, which generally does not exceed the term of the employment contract, namely:

• salary calculated according to the tariff rate;
• additional payment for overtime, work on weekends, holidays, night shifts;
• awards.

If during the validity of a fixed-term employment contract a seasonal employee was on vacation at his own expense or was absent due to illness, then such periods are excluded from the calculation period. Payment of benefits for the period of incapacity for work accrued on the basis of sick leave is not included in the calculation of the average earnings of a seasonal worker.

Compensation for unused vacation

Educational program • Dismissal • Calculation upon dismissal In accordance with Art. 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations. Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Thus, the law obliges the employer, upon termination of the employment contract, to pay the employee compensation for all unused vacations, which are provided for both by the legislation of the Russian Federation and the employment contract or other internal documents of the organization (for example, a collective agreement). Compensation is paid regardless of the grounds for termination of the contract and the fact whether the employee has already received the right to annual paid leave or not 1.

The length of service giving the right to annual paid leave is determined in accordance with the provisions of Art. 121 Labor Code of the Russian Federation.

The procedure for calculating days of unused vacation for which compensation is due is expressly provided for in the Code only for certain categories of employees, for example:

— those who have concluded an employment contract for a period of up to two months. Compensation upon dismissal to such employees is paid at the rate of two working days per month of work (Article 291);

- employed in seasonal work. This category of workers is provided with paid leave at the rate of two working days for each month of work (Article 295).

How to calculate days of unused vacation in relation to other categories of employees is not specified in the norms of the Labor Code of the Russian Federation.

Today, to calculate the days of unused vacation, the procedure established by the Rules on regular and additional vacations, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169, is used. Despite the fact that this document is quite old, it continues to be valid insofar as it does not contradict the norms of labor legislation (Article 423 of the Labor Code of the Russian Federation).

According to clause 28 of these Rules, full compensation for vacation is due to an employee who has worked for this employer since joining for at least 11 months, included in the length of service giving the right to vacation, but has not received it by the time of dismissal. In other cases, compensation is paid in proportion to the time worked.

The legality of applying this procedure was confirmed by the Supreme Court of the Russian Federation 2.

Clause 29 of the Rules on regular and additional leaves provides the procedure for calculating proportional compensation. But since during the period of approval of this document, vacations were set in working days, it is impossible to directly apply this procedure.

At the same time, based on the above procedure, we can conclude that for each month to be included in the length of service giving the right to leave, the employee is entitled to monetary compensation for unused annual leave. The number of days due for each month worked is the result of dividing the number of calendar days of this leave by 12 months.

For example, for each month of work to be included in the length of service, which gives the right to basic leave of 28 calendar days, compensation is due in the amount of average earnings for 2.33 days (28 days: 12 months). The same calculation procedure is given in explanatory letters from Rostrud of Russia 3.

When calculating the terms of work that give the right to compensation for unused leave upon dismissal, surpluses amounting to less than half a month are excluded from the calculation, and those amounting to half a month or more are rounded up to a full month (clause 35 of the Rules on regular and additional leaves).

When calculating monetary compensation for unused vacations, it is not allowed to round the number of vacation days that are subject to compensation, according to the rules of arithmetic. This can only be done in favor of employee 4.

Calculation of compensation is carried out in accordance with Art. 139 of the Labor Code of the Russian Federation, which establishes the procedure for calculating average daily earnings for the payment of compensation for unused vacations, and Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the specifics of the procedure for calculating average wages.”

The procedure for calculating average daily earnings when calculating the amount of compensation for unused vacation is similar to the procedure for calculating average earnings for paid vacations. The calculation period for calculating compensation is 12 calendar months preceding dismissal.

The average daily earnings for payment of compensation for unused vacations provided in calendar days are calculated for the last 12 calendar months by dividing the amount of accrued wages for this period by 12 and by 29.4 (the average monthly number of calendar days).

If one or more months of the billing period are not fully worked out or the periods of time listed in paragraph 5 of the Government of the Russian Federation No. 922 are excluded from it, then the average daily earnings are calculated taking into account the features provided for in paragraph 10 of the Government of the Russian Federation No. 922.

The average daily wage for payment of compensation for unused vacations provided in working days (for employees who have entered into fixed-term employment contracts and seasonal workers) is determined by dividing the amount of accrued wages by the number of working days according to the calendar of a six-day working week.

The amount of compensation for unused vacation is determined by multiplying the number of days of unused vacation of the employee by the calculated average daily earnings for payment of compensation.

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• Compensation for unused vacation
• Procedure for taxation of compensation for unused vacation
• Deductions for unworked vacation days
• Severance pay upon termination of an employment contract
• Other compensation payments upon termination of an employment contract
• Procedure for taxation of severance pay and other compensation payments upon termination of an employment contract
• Employer's liability for violating the established procedure for dismissing an employee
• Footnotes

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