Seasonal Employment Contract Sample

Seasonal employment arises where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva.

A “seasonal employee” is one whose work or service to be performed is seasonal in nature and the employment is for the duration of the season.

For instance, department stores augment their workforce during Christmas season where most of the population shop for gifts to be given to the people they care for. During summer hotel resorts experience surge in tourist visitors that they needed additional manpower to keep the level of service. This is where they need seasonal employees.

It does not make sense to keep the additional manpower as regular employees considering that when the season dies down there are no resources to support their wages.

Termination of seasonal employment cannot and should not constitute an illegal dismissal. Seasonal employees may become regular employees if employed for more than one (1) season.

A seasonal worker may not be paid the required holiday pay during off-season when he is not at work.

The applicable provision of the Labor Code is Article 295 [formerly Article 280]. Get a copy of the re-numbered Labor Code 2018 Edition by Atty. Villanueva.

Sample Contract For Seasonal Employment

CONTRACT FOR SEASONAL EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT FOR SEASONAL EMPLOYMENT is entered into by and between

XYZ Corporation, a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines with principal place of business at 123 Bldg., Ayala Ave., Makati City, Philippines, represented herein by its President, MR. ____________________, hereinafter known as COMPANY,

-and-

1. ________________________, of legal age, and a resident of _____________________________________________, hereinafter called the SEASONAL EMPLOYEE,

WITNESSETH THAT:

WHEREAS, the COMPANY is in need SEASONAL EMPLOYEE to address the increase in the volume of customers or shoppers during Christmas Season;

WHEREAS, the SEASONAL EMPLOYEE offered his services to the COMPANY until the end of the Christmas Season;

WHEREAS, the agreement shall be on purely SEASONAL EMPLOYMENT relationship where the COMPANY;

THEREFORE, the parties hereby covenant that:

COMMENCEMENT SEASONAL EMPLOYMENT

1. The SEASONAL EMPLOYEE is engaged for Christmas Season only;
2. The SEASONAL EMPLOYEE shall perform his duties until the end of the Christmas Season;
3. This contract shall commence on November 1, 2018 and shall remain effective until January 31, 2018;
4. The SEASONAL EMPLOYEE is not a regular employee and shall not be entitled to all the benefits given only to regular employees;
5. The SEASONAL EMPLOYEE is free to offer his services to other companies or seek employment after the end of the season;
6. The SEASONAL EMPLOYEE shall be paid the amount of ___________________ PESOS (PhP______.00) per month for his services;

INCREASE IN CUSTOMER FOR THE CHRISTMAS SEASON

7. The SEASONAL EMPLOYEE shall act as MERCHANDISER during the said season;
8. As SEASONAL EMPLOYEE, he shall perform the responsibilities a list of which is hereto attached as Annex “A”;
9. The fact of the engagement as seasonal employee has been made known to the SEASONAL EMPLOYEE at the time of his engagement;

VOLUNTARY SIGNING OF THIS AGREEMENT

10. The parties have agreed on this contract knowingly and voluntarily without moral dominance by one over the other;
11. The SEASONAL EMPLOYEE was aware that he had the option of not signing the agreement or requesting for amendment if he finds any provision disagreeable as to him;

SOLE AND EXCLUSIVE VENUE OF THE ACTION

12. In case of any dispute arising from this contract, the sole and exclusive venue shall be the competent court of the City of Makati.

IN WITNESS WHEREOF, the parties have hereby affixed their respective signature this ____ day of _______, 2018, in the City of ____________.

For the COMPANY:

_____________________                                               ________________________
(Position Title)                                                          SEASONAL EMPLOYEE
ID: ______________________                           ID: ________________________

Signed in the presence of:

__________________________                                   _________________________

ACKNOWLEDGMENT

Republic of the Philippines           )
City of _______________ ) S.S.

BEFORE ME, a notary public for and in the City of ______________, the parties appeared and presented their respective identification cards as competent proof of identity and are known to me and to me known to be the same persons who executed the foregoing Contract for SEASONAL EMPLOYMENT consisting of three (3) pages, including this page where the Acknowledgment is written and affirmed to me that the same is their own, free, voluntary act and deed.

WITNESS MY HAND AND SEAL, this _____ day of __________, 2018.

Doc. No.: _________;
Page No.: _________;
Book No.: _________;
Series of 2018