The hotel and restaurant industry is the leading provider of seasonal jobs in France. Students and adults accustomed to this type of work employ 300,000 people each year in the summer and 100,000 in the winter, according to the Observatory of Accommodation and Restaurant Professions. With these figures in mind, what does it mean for employers looking to hire seasonal workers? What are the specifics and constraints of a seasonal contract? Let's take a closer look.
What is a seasonal contract?
A seasonal contract involves employing staff in an activity that increases during the summer and winter tourist periods. This contract must last at least 1 month and continue for a maximum of 9 months over the same period. In addition, this type of hiring is unique in that it is repeated every year under similar conditions.
Examples of seasonal contracts
· In winter sports resorts, mountain hotel-restaurants are only in operation during the ski lift opening period. By definition, the need for staff only arises at this time.
· In some regions, there is a surge in activity during the summer period and seasonal workers must be hired. However, in the event of an overload of work outside of tourist periods, seasonal contracts are not permitted. In this case, employers must choose a traditional, non-seasonal fixed-term contract.
What are the legal working hours per week for a seasonal worker?
As with all other contracts, the legal working time for seasonal contracts is 35 hours per week. However, since February 5, 2007, catering companies have been authorized to systematically practice the 39-hour week, provided that they increase the salary by 10% from the 36th to the 39th hour or grant compensatory rest. From the 40th to the 43rd hour, the increase is 20%, and from 44 hours, 50%.
The maximum number of overtime hours for seasonal contracts is 90 per quarter. It is possible to go beyond this, but only by compensating with rest days.
Furthermore, over a period of 12 consecutive weeks, the maximum number of hours cannot exceed 46 hours, or an exceptional range of 48 hours.
How many hours per day for a seasonal contract?
The maximum number of hours worked per day depends on the seasonal worker's position. Thus, reception staff can work a maximum of 12 hours in a day, 11.5 hours for waiters and other professions (cleaning, dishwashing, etc.) and 11 hours for cooks.
Rest in the case of a seasonal contract
Hotel and restaurant staff are entitled, like all employees, to 2 days off per week. However, these two days may not be consecutive and may be divided into half-days. In accordance with the collective agreement, find out what the weekly rest in catering is.
However, due to the high variability of hours in catering, employers are authorized to postpone rest days. This is limited to 2 per month, 3 times per season. In this case, the carried-over rest days must be granted at the end of the season or paid if this is not possible.
👉Note: Each working day must be followed by at least 11 hours of rest.
What compensation is provided at the end of a seasonal contract?
In fixed-term contracts, a 10% precariousness compensation is paid in addition to the salary. However, seasonal contracts are entitled to another compensation, which is linked to the compensation for their paid leave. This is 10% based on the total gross compensation received during their contract.
Relatively flexible regarding schedules, a seasonal contract is nonetheless highly regulated with regular checks. To avoid making mistakes regarding legal hours, rest time, and pay variables, Skello is a solution that automates your schedules and the resulting calculations. Adapted to your hotel and restaurant collective agreement, this solution saves you time and provides peace of mind. Request a demo!
