In what cases is a seasonal labor contract signed?

A seasonal labor contract is a common type of labor contract, used when the employer needs to recruit workers for a temporary job. However, not every job can sign a seasonal labor contract. So in what cases is a seasonal labor contract signed? The article below by Long Phan will clarify this issue.

What is a seasonal labor and a seasonal labor contract?

Before learning about cases where seasonal labor contracts are signed, you need to clearly understand what seasonal labor is. According to the provisions of Clause 1, Article 3 of the Labor Code 2019, an employee can be understood as a person aged 15 years or older, capable of working and wishing to work to receive salary. Seasonal labor is understood as labor that works for a certain period of time, usually short-term, and is not continuous or stable.

However, the Labor Code 2019 does not specifically regulate seasonal labor contracts. Instead, Article 20 of the Labor Code 2019 regulates types of labor contracts, including:

• Labor contract does not specify a term.
• Labor contract with a fixed term.

Accordingly, fixed-term labor contracts can include: Seasonal labor contracts or for a certain job with a term of less than 12 months,…

Thus, a seasonal labor contract is understood as a fixed-term labor contract, signed to perform a seasonal job. Article 14 of the Labor Code 2019 stipulates that a labor contract must be concluded in writing in cases where the employer hires an employee to work for 1 full month or more.

Cases of signing seasonal labor contracts

Seasonal labor contracts can only be signed in specific cases. According to the provisions of Vietnamese labor law, seasonal labor contracts (definite-term labor contracts) are signed in the following cases:

• Seasonal work: This is the most important factor in determining whether or not a seasonal labor contract can be signed. Seasonal work is irregular work that only occurs during a certain period of time, such as harvesting seasonal agricultural products, serving at events, festivals…
• Term of job: Seasonal labor contracts have a term of less than 12 months. You should be careful not to abuse seasonal labor contracts to sign with workers to do regular jobs.
• Agreement of both parties: The signing of a seasonal labor contract must be based on the voluntary agreement of both the employer and the employee. The content of the agreement must be clearly and fully expressed in the labor contract.

Correctly identifying cases where seasonal labor contracts are signed is very important. If an employer abuses a seasonal labor contract, he or she may be subject to administrative sanctions according to the provisions of law.

Distinguish seasonal labor from other types of labor

In fact, seasonal workers are often confused with other types of workers, such as part-time workers and project workers. To avoid confusion, you need to clearly distinguish these types of labor:

• Seasonal and part-time workers: The basic difference lies in working time. Seasonal workers work for a certain period of time, which can be full-time or part-time, while part-time workers work shorter hours than full-time workers.
• Seasonal and project-based workers: Seasonal workers work for a short period of time, without predetermined specific work results. In contrast, project workers work until a specific project is completed, which can last longer than the term of a seasonal labor contract.

Clearly distinguishing these types of labor helps you choose the right type of labor contract that suits your business’s labor needs.

Rights and obligations of employers and employees in seasonal labor

Despite working for a short time, seasonal workers still enjoy full benefits as prescribed by labor law, including:

• Salary: Seasonal workers are entitled to the regional minimum wage prescribed by the Government. The specific salary is agreed upon in the labor contract and must not be lower than the regional minimum wage.
• Working hours and rest hours: Seasonal workers have working hours and rest hours like employees working under an indefinite-term labor contract.
• Social insurance: According to the provisions of the Law on Social Insurance 2014, employees working under fixed-term labor contracts from full 1 month to less than 3 months must participate in compulsory social insurance. Employers are responsible for paying social insurance for seasonal workers according to regulations.
• Other benefits: Seasonal workers also enjoy other benefits such as holidays, New Year, annual leave, health insurance…

In addition to benefits, seasonal workers must also perform obligations according to regulations, including:

• Comply with the employer’s rules and regulations.
• Complete assigned work.
• Preserving the employer’s assets.

Employers also have obligations to seasonal workers, such as:

• Pay salary in full and on time.
• Provide safe working conditions and occupational hygiene.
• Pay social insurance and health insurance for employees.

Understanding the rights and obligations of both parties in a seasonal labor relationship helps ensure the legal rights of both employers and employees, while also preventing labor disputes.

Consulting services and drafting seasonal labor contracts at Long Phan

The drafting of seasonal labor contracts must ensure accuracy, clarity, and completeness to avoid future disputes. With a team of experienced experts, Long Phan provides professional and reputable seasonal labor contract drafting and consulting services, helping customers:

• Draft seasonal labor contracts in accordance with the law and in accordance with the characteristics of each industry and field.
• Consulting on issues related to seasonal labor contracts, such as the rights and obligations of both parties, salary regime, social insurance…
• Review and check seasonal labor contracts.
• Consulting on procedures for terminating seasonal labor contracts.
• Representative participating in negotiations and resolving labor disputes.

Customers who need to use consulting services and draft seasonal labor contracts, please contact Long Phan for the best support.

Seasonal labor contracts are one of the tools to regulate labor relations between employers and employees. Understanding the legal provisions on seasonal labor contracts helps you use this type of contract effectively, ensuring the legal rights of businesses and employees. For detailed advice and support in drafting seasonal labor contracts, please contact Long Phan via the hotline 0906735386.