A seasonal worker is a person who, for a limited period, works for a seasonal operation which is frequently found in the horticultural or agricultural sector. Other sectors, such as tourism and construction, are also included.
Employees placed by an agency to carry out seasonal work are also in this category.
Workers on seasonal work patterns have full access to the employment law provisions and to the terms and conditions of employment that employees are guaranteed under the law in Ireland.
This includes the issuing of a contract of employment within 5 days of commencing employment. Due to the seasonal nature of a role, a fixed term or specific purpose may suit the working relationship best.
A fixed term contract is issued with a defined start and end date while a specific purpose contract is used for a project and concludes when the contracted project is completed.
Below are some key points to consider when hiring different categories of seasonal workers:
Public holidays –
During any employment period, an employee recruited for a set period holds the same entitlement to public holiday benefits.
For part time employees, if the holiday falls on a day they normally do not work, to avail of an additional benefit, they must work at least 40 hours in the 5 weeks ending the day before a public holiday.
For full time employees, they are entitled to the same public holiday entitlements from their first day of employment.
Under 18’s –
During school holidays, those who are under 18, can be employed however there are restrictions based on their age which must be followed.
The recruitment of those under 18 is governed by the Protection of Young Persons (Employment) Act 1996.
The Act defines a child as “a person who is under 16 years of age or the school-leaving age, whichever is the higher”; and defines a young person as “a person who has reached 16 years of age or the school-leaving age (whichever is higher) but is less than 18 years of age”.
Employers are legally required to display an abstract of the Act, a poster version can be downloaded from the ISME HR Hub
The WRC has outlined the regulations based on age including working hours and minimum rate of pay; https://www.workplacerelations.ie/en/what_you_should_know/employer-obligations/employment_of_children_and_young_persons/
There is a special code for recruiting under 18’s to a Licensed Premises including receiving written permission from their parent. The full code can be reviewed here: Code of Practice – Employment of Young Persons in Licensed Premises
Right to Work –
Non-EEA Students holding a current Immigration Stamp 2 are permitted to work 20 hours per week during term time and 40 hours per week during vacations. For full transparency on what is viewed to be “vacation”, the WRC provides clear guidance on the rules and regulations of these working hours.
Summer vacation is from 1 June – 30 September with Christmas/Winter vacation from 15 December – 15 January each year.
There are exceptions for recent graduates who may have extended permissions on their stamp 2 permit.
It is important to note students are not permitted to work as taxi drivers either as employees or in their own right as holders of a taxi licence in their own name and may not engage in self-employment.
Annual leave –
During shorter contracts, employees continue to accrue annual leave. This entitlement can be aligned to the company policy or the minimum entitlements outlined in the Organisation of Working Time Act.
Employees should only receive payment for their annual leave when they are either on a period of annual leave or if they have any accrued untaken leave at the date of termination.
Annual leave should never be paid as part of an employee’s standard weekly wage or be calculated for the purposes of an employee’s rate of pay.
If perhaps you require any HR assistance for your business don’t hesitate to contact the HR Team via HR@ISME.ie , or alternatively phone 01 6622755 Option 2.
