Seasonal employment contracts are a common form of employment, particularly in sectors such as tourism, agriculture, and construction. Every year, thousands of workers are employed in jobs that are concentrated during specific periods of the year. So, what is a seasonal employment contract, under what circumstances is it considered a fixed-term or indefinite-term contract, and what are the rights of the employees? In this article, we will examine the legal nature of seasonal employment contracts and the consequences they have for both the employee and the employer.

1. What is Seasonal Work?

Seasonal work refers to jobs performed in workplaces where the activity is carried out only during a specific period of the year, or where it continues throughout the year but is concentrated during certain periods. The most distinctive feature of these jobs is their periodic and regular repetition during specific periods of the year.

2. How is a Seasonal Employment Contract Made?

Seasonal employment contracts can be established as fixed-term or indefinite-term contracts, depending on the nature of the work. The type of contract directly affects the rights and obligations of the parties.

3. Fixed-Term Seasonal Employment Contracts

An employment contract made for a single season is considered a fixed-term employment contract due to the nature of the work. In this case, the contract automatically terminates at the end of the season, and as a rule, the employee is not entitled to notice pay or severance pay.

4. Chain Seasonal Employment Contracts

If fixed-term employment contracts made between an employee and an employer within the scope of seasonal work are repeated in subsequent years, these contracts are considered chain contracts. In this case, legally, the existence of a single indefinite-term employment contract is accepted.

5. Legal Consequences of Chain Contracts

Seasonal employment contracts renewed every year have the following consequences:

• It is accepted that there is a single indefinite-term employment contract.
• The contract does not terminate at the end of the season; it remains suspended until the next season.
• If the employee is not rehired at the beginning of the following season, or if the employment contract is terminated by the employer during the season, this is considered a termination by the employer. In this case, the employee can claim their rights related to termination, primarily severance pay and notice pay.

6. Right to Annual Paid Leave

The provisions of the Labor Law regarding annual paid leave do not apply to employees working in seasonal jobs lasting less than one year due to their nature. However, different assessments may be made for employees working under successive contracts and those considered within the scope of indefinite-term employment contracts.