The rules of seasonal contracts.

Seasonal work, as its name suggests, corresponds to a fixed-term work period that is carried out according to the seasons. This type of contract is therefore very common in the hotel and restaurant industries, which, for example, have fluctuating traffic that will be higher during the winter and summer holidays. Depending on the rhythm of the seasons and collective lifestyles, people will be required to work more - often repeatedly each year. These short-term fixed-term contracts may or may not have a specific term and are called "seasonal contracts".

Fixed-term contracts and seasonal contracts

What is the difference between a normal fixed-term contract and a seasonal contract? With a fixed-term contract, an end-of-contract bonus, also known as a “precariousness bonus,” must be paid to the employee at the end of the fixed-term contract. With a seasonal contract (unless otherwise agreed or collectively agreed), this obligation is replaced by a compensatory paid leave bonus, corresponding to 1/10 of their total gross salary.

💡 Please note:If your seasonal contract employee ends their contract having worked overtime, they are entitled to ask you to convert their compensatory rest hours into compensation. For more details on the rights of employees on seasonal contracts, see our article.

Like fixed-term contracts, seasonal contracts may not specify a specific end date for the contract. However, a seasonal contract must include a statement of the length of the season and also indicate the minimum employment period: this is negotiated directly with your employee.

Managing a seasonal contract

Terminating a seasonal contract

It is not possible to terminate a seasonal fixed-term contract without an official reason. Whether on the employer or employee side, the person wishing to terminate the contract must prove serious misconduct. A simple letter of resignation will therefore not be enough!

Renewing a seasonal contract

It is possible to have a succession of seasonal contracts, provided of course that this job is only seasonal and therefore not long-term, while respecting the general rules relating to fixed-term contracts.

💡 A seasonal contract is considered to be a contract entered into for a period coinciding with the duration of the opening or operation of an establishment. For example, a page club that will reopen its bar during the summer season and needs a server for this purpose, but will be closed the other months of the year. A look back at the rules that apply to seasonal contracts in catering.

What about the renewal clause?

If you do want to renew a seasonal contract, it must include a clause that provides for this. If you want to do this while being sure that this fixed-term contract will not be automatically reclassified as a permanent contract, do not impose the automatic renewal of the clause! The clause must only provide for employment priority in favor of the employee.

💡 To check: it is possible that your collective agreement or convention requires you to automatically rehire an employee on a seasonal contract for the following season.

Paying a seasonal contract

What salary should you give your seasonal employees?

First of all, be aware that the seniority contract is calculated as follows: the cumulative duration of successive seasonal contracts carried out in your company.

Then, a few rules to remember:

• The minimum wage is the minimum tolerated for a seasonal contract.
• The salary must be at least 8.02 euros gross for employees of 16 years old (80% of the hourly minimum wage), 9.03 euros for employees aged 17 and 10.03 euros gross for those who are at least 18 years old or older.

⛷ And there you have it: you're ready for the upcoming summer season. All you have to do iswelcome your seasonal worker and manage their integration.