Use our new employment contract builder (external link) to establish a correct agreement. It is recommended to include a working time clause that specifies that, from the beginning of the 2020 summer harvest season, the increase in seasonal work poses different challenges than in previous years. Faced with many new employment problems with the onset of a pandemic, seasonal employers face some additional problems. A seasonal contract is similar to a fixed-term contract that invites a worker to work for a fixed period of time. As a general rule, it is not necessary for any of the parties to issue a notification at the end of the employment. Talley`s argument was quickly dispossessed in the labour court. The Court found that Ms. Turner`s seasonal employment in the fish processing industry fell within the legal definition of “temporary” employment. Talley`s should have complied with the statutory temporary employment requirements set out in Act 66 of the Employment Relations Act 2000. Seasonal work is generally synonymous with term employment, for example.B. during the pre-Christmas retail rush or during the ski or apple harvest season. It is also well established in the meat processing sector, as the supply varies considerably with the seasons.
However, “seasonal work” is not a term used in New Zealand labour law (Labour Relations Act 2000). Instead of qualifying a seasonal worker, it may be safer to characterize the job as “temporary work” covered by the law. The duration of the seasons often varies, either regionally or climatically, and the seasons, by nature, are repeated. For example, the ski season in New Zealand extends over a longer period of time, where staffing requirements at some ski resorts vary depending on the snow on some slopes. Therefore, it may be more specific to consider employment as a “temporary job… which ends when snow conditions dictate the end of the ski season. If the seasons return, the use of the term “seasonal work” could create a recurring employment expectation. It is therefore important to ensure that confusion about the status of employment is avoided and, in particular, that any expectation of future employment is avoided in the coming seasons. By law, fixed-term contracts must indicate the end of the employment and the reasons why it ends. To learn more about fixed-term contract requirements, click here.
Sometimes workers work in a triangular employment situation. Here, someone works for an employer (the agency), but works in another company or organization that runs or controls their daily work (third-party control).
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