Seasonal employment contract

Seasonal employment contracts are most common in agriculture, hotels, restaurants, cultural and leisure sectors. They must meet certain requirements. But what are the rules that apply to employers?

When to conclude a seasonal contract?

Employers can recruit seasonal workers on fixed-term contracts (CDD) to accomplish recurrent tasks at a specific period of the year, depending on the rhythm of the seasons or collective lifestyles.

For example, this kind of contract is suitable for hiring a waiter in a café located in a seaside resort during the summer period or agricultural employees for fruit picking.

The seasonal employment contract must be concluded in writing. It must state, among other things, the precise justification for this kind of contract, the job description and, where applicable, the duration of the probationary period.

Attention: A copy of the contract must be given to the employee within two working days of hiring.

What is the duration of the seasonal contract?

The contract can be concluded without a specific term. In this case, it mentions a minimum duration and ends at the end of the season. Be careful, however, because a seasonal fixed-term contract must not exceed eight months per year or six months for a foreign worker. When it is concluded for a specific period, i.e., from date to date, it can be renewed twice, within the limit of six or eight months.

Please note: The end-of-contract indemnity generally paid to employees on fixed-term contracts is not due to seasonal workers unless there are more favourable contractual provisions.

What are the rights of the seasonal worker?

To calculate the seniority of a seasonal worker, it is necessary to add up the duration of all the seasonal employment contracts with the same employer, including those interrupted due to lack of activity in the company. For example, the worker who has a 3-month fixed-term contract during one season and who, the next season, signs a new 2-month fixed-term contract with the same employer, accumulates a seniority of 5 months in the company.

In addition, a company-level general agreement, or the employment contract itself, may stipulate a tacit renewal of the seasonal employment contract for the next season. In sectors in which seasonal employment is most used (transport, leisure, hotels, garden centres, sporting goods trade, etc.), a worker who has spent at least two periods in a company in consecutive years is entitled to the renewal of his employment contract as soon as a seasonal job compatible with his qualification is available in that company. This is subject to the provisions stipulated in the industry-level or company-level agreements.

Clarification: The employer must, unless duly justified, inform the employee of the right to the renewal of his contract by any means allowing to prove the date on which this information is given to the employee, ideally by registered letter with acknowledgment of receipt.