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Seasonal work 101: Know your rights this Christmas

Taking on extra staff or picking up a short-term role can be a great opportunity, but it's easy to miss some important details in the festive rush
Taking on extra staff or picking up a short-term role can be a great opportunity, but it's easy to miss some important details in the festive rush

As Christmas draws closer and shops, restaurants and delivery services gear up for their busiest weeks, seasonal job adverts start popping up everywhere.

Taking on extra staff or picking up a short-term role can be a great opportunity, but it's easy to miss some important details in the festive rush.

From knowing what should be in a seasonal contract to understanding holiday pay, working hours and notice rules, both workers and employers have a few key rights and responsibilities to keep in mind.

We asked Emma Quinn, Senior Associate at law firm Lewis Silkin Dublin, for her top advice.

What employment rights do seasonal workers have in Ireland?

Under Irish law, the rights of seasonal employees are protected by the Protection of Employees (Fixed-Term Work) Act 2003.

This ensures that fixed-term staff cannot be treated less favourably than comparable permanent employees unless an objective justification exists.

Ms Quinn said the duration of an employment contract is irrelevant when it comes to employee rights.

"Similarly to permanent employees, fixed-term employees must be provided with a written statement of the core terms within five days of commencing employment, and a full employment contract must be issued within one month of the start date," she pointed out.

"If you give your permanent employees overtime pay, a Christmas voucher and a chocolate selection box this Christmas, you should treat your fixed-term employees in the same manner," she added.

Are zero-hour contracts still common when it comes to seasonal work?

A shopper holds a red gift tag near a card payment terminal at a festive checkout, with a bright Merry Christmas sign and red gift bags, capturing holiday shopping and celebration.

Most seasonal contracts in Ireland are not zero-hour contracts.

Under the Employment (Miscellaneous Provisions) Act 2018, zero-hours contracts are largely prohibited, except in very limited cases such as casual work, emergency cover, or short-term relief to cover routine absences.

"This means that employers cannot require seasonal staff to be available without guaranteeing hours," said Ms Quinn.

"Instead, seasonal workers are usually hired on fixed-term contracts tied to busy periods like summer tourism or Christmas retail, with clearer entitlements and protections," she added.

What should employers watch out for when hiring temp staff?

One of the most critical aspects for employers is the limitation on renewing fixed-term contracts, according to Ms Quinn.

Where an employer renews a fixed-term contract, they must provide a statement setting out the objective reasons why the contract is being renewed, and a permanent role is not being offered.

"If an employee is employed on two or more continuous fixed-term contracts which exceed four years, then the latest contract shall be deemed to be a contract of indefinite duration, unless the employer can objectively justify the use of continued fixed-term contracts," Ms Quinn pointed out.

"This rule is particularly relevant during the festive season where temporary roles may evolve into long-term needs.

"Employers must monitor contract durations and renewal patterns to avoid inadvertently creating a permanent employment relationship," she added.

How do employers avoid legal risks?

Close up of formal businessman hand signing document in office with decorated christmas tree in background. Close up of man hand signing contract at xmas time. Businessman working on paperwork in office with copy space.

To avoid legal risks, Ms Quinn said it’s important that certain clauses are included in fixed-term contracts.

"Employers should include a probation period which must be proportionate to the contract’s duration and nature of work.

"For example, a three-month fixed-term contract cannot have a three-month probation period.

"A notice provision should be included in a fixed-term contract, allowing the employer to terminate the contract early, and with notice, even before the expiration of the fixed-term," she added.

Ms Quinn urged employers to be cautious when structuring and renewing a fixed-term contract.

"Failure to comply with the 2003 Act can result in complaints to the Workplace Relations Commission, which may order reinstatement or compensation - of up to two years’ remuneration," she added.

So, whether you’re taking on extra help or picking up a festive job yourself, knowing the basics of your rights and responsibilities goes a long way.

Get the paperwork right, keep communication open, and you’ll be set up for a busy but enjoyable festive season.