Brief Overview of the Situation
Seasonal growth in workload is a common phenomenon for trade, agriculture, construction, tourism, catering, and logistics. To cope with peak loads, employers hire additional people for a short period — often just for one or two months. A natural question arises: is it necessary to formalize an employment contract in such cases, or can one rely on a verbal agreement?
Official clarifications from the labor inspection are unequivocal: an employment contract is mandatory even for short-term seasonal hiring. The duration of work, its temporary or peak nature does not negate the need to formalize labor relations in writing.
Who This Concerns
This topic is relevant for both parties.
Employers — companies and sole proprietors who attract sellers, harvesters, laborers, waiters, couriers, and other employees for several weeks or months during the high season. They bear the responsibility to properly formalize the hiring process.
Employees — individuals who take on seasonal work. Having a formalized contract protects their right to payment, safe working conditions, and confirms the fact of employment.
It is important to understand: if a person is actually allowed to work and performs duties under the employer's supervision, this constitutes labor relations, not a one-time service. A short duration does not in itself turn the work into "informal" employment.
Why a Verbal Agreement is a Risk
Working without formalization may seem convenient and quick, but it creates problems for both parties.
- For the employer — this is a violation of labor legislation, for which there is liability from regulatory authorities, as well as a risk of labor disputes and claims regarding payment.
- For the employee — there are no guarantees: it is difficult to prove that they actually worked, what amount was promised, and why it was not paid. Without a contract, it is harder to protect one's rights in case of conflict or workplace injury.
A written contract records key conditions: position, amount and method of payment, working hours, duration, and nature of work. This protects the interests of each party.
What Employers Should Do
To correctly formalize a seasonal employee, follow a clear procedure.
1. Conclude a written employment contract before the actual start of work. Reflect the nature of the work (seasonal or temporary) and its duration in it.
2. Issue an act of employment (order/directive) in accordance with internal procedures.
3. Familiarize the employee with their job responsibilities, working hours, and safety rules.
4. Ensure the accounting of working hours and timely payment of wages under the agreed conditions.
5. Formalize the termination of relations at the end of the season — with final settlement.
If the work is indeed seasonal, it should be explicitly stated in the contract: such a format allows for the conclusion of a contract for a specific period related to the season.
What Employees Should Do
If you are invited for seasonal work, do not agree to work "on words".
- Request to conclude an employment contract and obtain your copy.
- Check that the document specifies the amount of payment, duration, and conditions of work.
- Keep all documents and correspondence — they will help protect your rights in case of a dispute.
If the employer refuses to formalize the relationship, and you have already started working, it makes sense to seek clarification from the labor inspection.
Deadlines
The employment contract must be concluded before the actual admission of the employee to work — not "later, when there is time," but at the start. Even if the cooperation is planned for only one or two months, formalization must precede the performance of labor duties.
Frequently Asked Questions
Is it mandatory to conclude an employment contract if a person works for only one month? — Yes. A short duration of work does not exempt the employer from the obligation to formalize labor relations in writing.
Can one agree on payment verbally instead of an employment contract? — No. A verbal agreement does not protect either the employee or the employer and constitutes a violation of labor legislation requirements.
How does a seasonal contract differ from a regular one? — It specifies that the work is seasonal and is performed over a specific period related to the season; otherwise, it remains a full-fledged employment contract.
What are the consequences for the employer for hiring without formalization? — Working without an employment contract is considered a violation and may lead to liability following inspections by regulatory authorities, as well as labor disputes.
Where should an employee turn if they are not being formalized? — For clarification and protection of rights, one can contact the labor inspection.
Sources
- Official clarification from the labor inspection: “During the seasonal increase in workload, many employers hire workers for one or two months. Is it mandatory to conclude an employment contract in such cases?”