Key considerations in Hiring Seasonal Workers

It should be noted that not all short-term work qualifes as seasonal employment. The exhaustive List of Seasonal Jobs and Seasonal Industries is approved by Resolution of the Cabinet of Ministers of Ukraine No.  278 (hereinafter “List No. 278”). If the work is included in List No. 278, the business entity may enter into a fixed-term seasonal employment contract. This applies, in particular, to the following sectors:

• forestry and logging;
• agriculture;
• processing of sugar and fruit and vegetable products, as well as primary winemaking;
• peat industry;
• transport sector (including aviation operations in forestry and agriculture);
• health resort and recreational facilities.

However, being included in the List is not the only condition. Seasonal employment applies only to work that, due to natural and climatic conditions, cannot be performed throughout the year and is carried out only during a specific period (season) that does not exceed six months.

Please note. If the duration of work listed in List No. 278 exceeds six months, a seasonal employment contract cannot be concluded with the employee. In such an event, a standard fixed-term employment contract must be concluded in accordance with Part 2 of Article 23 of the Labour Code.

Key aspects of entering into seasonal contracts

When entering into a seasonal employment contract, the employer is obliged to inform the employee of the seasonal nature of the work. The order on recruitment must clearly state that the employee is being hired specifically for seasonal work. The order must also specify the start and end dates of the contract, taking into account the duration of the relevant season. And this period may not exceed 6 months.

A probationary period does not apply to seasonal work (article 26 of the Labor Code,  paragraph 5 of Decree No. 310). However, currently, during the period of martial law, a probationary period for an employee upon hiring may be established for any category. Although the employee will be seasonal, the position for which they are hired must be provided for in the company’s headcount list. Furthermore, the titles of professions and positions must correspond to the Classification of Professions DK 003:2010.

Required Documents

To hire a seasonal worker, the following set of documents must be submitted, as provided for in Article 24 of the Labor Code of Ukraine:

• a passport or another identity document;
• an employment record book (if available) or information on employment activity from the Register of Insured Persons of the State Register of Mandatory State Social Insurance;
• a military registration document (for conscripts, persons liable for military service, and reservists);
• where required by law – documents on education (specialty, qualifications) and on health status.

After receiving these documents, the employer issues a hiring order, which must specify: the specific position for which the employees are being hired, the specific period of employment with the start and end dates specified, that the work is seasonal, and the salary (monthly or hourly). The order may be drawn up using the standard form No. P-1 or in free form.

All documents must comply with the requirements of the Labor Code of Ukraine. Failure to comply may result in the employment contract being deemed to be of indefinite duration. Although employment record books are currently maintained in electronic form, at the employee’s request the employer must make a corresponding entry in the employee’s paper employment record book (under Article 48 of the Labor Code of Ukraine).

Commencement of Work

Before allowing the employee to start work, the employer must submit a notification in the prescribed form to the tax authorities at the employer’s primary place of registration. As for the employees themselves, before commencing work, the employee must be informed about working conditions, the workplace, and all other relevant details.

The employee must undergo occupational safety induction and by signing a document, acknowledge the presence of hazardous and harmful occupational factors, the possible consequences of their impact on health, and their right to benefits and compensation for working in such conditions in accordance with the law and the collective agreement (under article 29 of the Labor Code of Ukraine).

Medical Examinations

The following should be taken into account. Seasonal workers are sometimes required to work in harmful or hazardous working conditions and may be adversely affected by harmful occupational factors. They are therefore subject to mandatory medical examinations. To determine whether medical examinations are required, the employer must be familiar with the List of harmful and hazardous factors in the working environment and work processes, for which mandatory medical examinations of employees are required, as set out in Annex 4 to the Procedure for Organizing and Conducting Mandatory Medical Examinations of Employees of Certain Categories, approved by Order of the Ministry of Health of Ukraine No. 1393 of 08.09.2025. As regards work in agriculture, such hazardous factors include handling pesticides and chemicals during work. If seasonal workers handle such substances, they are generally subject to medical examinations.

Working Conditions and Remuneration

Seasonal workers are generally subject to the terms and conditions set out in the company’s internal labour regulations and collective agreement, which they must  read and acknowledge by signing. They are also subject to the forms and systems of remuneration, labour standards, rates, pay scales, salary structures, and the conditions for the introduction and amounts of allowances, add-ons, bonuses, rewards and other incentive, compensatory and guaranteed payments in force at the enterprise. Salaries are paid in a standard manner twice a month on the designated dates. Employees are also entitled to leave, but in accordance with Part 9 of Article 6 of the Law of Ukraine “On Leave”, this is granted in proportion to the time worked.

As seasonal workers are employed under an employment contract, they are generally subject to compulsory state social insurance. This means that in the event of illness (temporary incapacity for work), they are entitled to sick pay on the same basis as other employees of the company. Specifically, they are entitled to receive temporary incapacity benefit both at the employer’s expense (payment for the first 5 days of temporary incapacity for work) and at the expense of the Pension Fund of Ukraine, starting from the sixth day of temporary incapacity for work.

Termination of Employment

Employees engaged in seasonal work are dismissed upon completion of such work pursuant to Clause 2 of Article 36 of the Labor Code of Ukraine (expiration of the employment term). In this case, the dismissal date is the last day of seasonal work, with a corresponding order issued to that effect. No resignation application from the employee is required in this instance.

If, however, an employee continues to work after the end of the seasonal work, or if the duration of such work exceeds six months, the employment contract with that employee shall be deemed to have been concluded for an indefinite period.

It should be noted that, unlike employees working under open-ended contracts, seasonal workers, under the conditions stipulated in Article 39 of the Labour Code, have the right to terminate the employment contract early at their own initiative, provided they give the employer three days’ written notice. The employer has the right, at its own initiative, to dismiss an employee engaged in seasonal work before the expiry of the employment contract in the following cases:

- suspension of work at the enterprise for a period exceeding two weeks for operational reasons or a reduction in the volume of work at that enterprise;

- the employee’s absence from work for more than one month due to temporary incapacity for work.

Natalia Shcherbak, Accounting and Tax Consultant