Seasonal work is work that, due to climatic or other natural conditions, is performed during a certain period (season), but not more than one year (Article 206 of the Labor Code of the Republic of Kazakhstan).
Execution of an employment contract with a seasonal worker
Important: when concluding an employment contract for seasonal work, a probationary period is not established to check the employee’s suitability for the work assigned to him.
An employment contract of this nature must specify the condition for concluding a contract for the performance of seasonal work and a specific period for its performance, as well as the type of work.
For example:
5.1 This agreement is concluded for the duration of seasonal work, namely _______ (type of work) ______________ for the period from 01.05.2011 to 15.09.2011.
Additional grounds for termination of an employment contract at the initiative of the employer with employees engaged in seasonal work
An employment contract with employees engaged in seasonal work, in addition to the grounds provided for in Article 54 of the Labor Code, may be terminated at the initiative of the employer in the following cases:
- suspension of work by the employer for a period of more than two weeks due to production-related reasons;
- failure of an employee to appear at work for one month in a row due to temporary disability.
Features of the procedure for terminating an employment contract with an employee engaged in seasonal work
An employee engaged in seasonal work has the right to terminate the employment contract on his own initiative in writing, notifying the employer of this seven calendar days in advance.
The same conditions are provided for the employer, but only on the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 54 of the Labor Code, namely the liquidation of the employer - a legal entity or the termination of the activities of the employer - an individual, a reduction in the number or staff of employees.
Note : When terminating an employment contract with an employee engaged in seasonal work, the employer makes a compensation payment for unused vacation in proportion to the time worked. Also, upon termination of an employment contract due to the liquidation of the organization, reduction in the number or staff of employees, the employee is paid severance pay in the amount of two weeks' average salary.