The Labor Conditions Authority (ACT) reminded on Tuesday that seasonal workers are entitled to receive written documentation detailing all the conditions of their employment.
“Seasonal workers have the right to receive in writing all the conditions regarding their work, including its duration, notice period for termination, workplace, job functions, remuneration amount and frequency, work schedule, and rest periods,” stated the ACT in a post shared on Instagram.
When can a worker be employed on a fixed-term basis?
Information available on the ACT website indicates that an employment contract can only be established to meet the temporary needs of a company for the period necessary and in situations of risk reduction or employment promotion and creation measures.
Temporary needs of the company include:
- Direct or indirect replacement of a worker absent due to:
- Temporary inability to work;
- Ongoing legal action regarding dismissal;
- Being on unpaid leave.
- Replacement of a full-time worker shifting to a part-time position for a set duration;
- Seasonal activity or other with a variable production cycle;
- Exceptional increase in company activity;
- Execution of an occasional task or service specifically defined and non-durable;
- Execution of a work, project, or other defined and temporary activity.
- Risk reduction measures and/or employment promotion measures include:
- Launch of a new activity of uncertain duration within two years post-event;
- Start-up of a company or establishment owned by a company with fewer than 250 employees within two years post-event;
- Very long-term unemployed individuals (aged 45 or above and unemployed for 25 months or more, as per Decree-Law No. 72/2017, June 21).
What is a very short-term fixed-term employment contract?
As per ACT, it is a contract lasting no more than 35 days, not exceeding 70 days per calendar year, created to address an exceptional and substantial increase in company activity, especially in sectors with irregular annual cycles such as agriculture or tourism.
It is not required to be in writing, but the employer must notify Social Security and specify the workplace through an electronic form. If these rules are not followed, the contract is considered to have a six-month term, according to the ACT.
Additionally, the termination of a fixed-term employment contract not due to the worker’s fault prevents the employer from hiring a new worker on a fixed-term or temporary basis or contracting for services for the same job or activity. The employer may do so only after a period equivalent to one-third of the contract’s duration, including renewals, has passed.
