Free template for Seasonal CDD in HCR (Hotels, Cafés, Restaurants)
Seasonal CDD model in HCR (Hotels, Cafés, Restaurants)
1. General contract information
Between the undersigned :
The Employer :
Company name: [Name of establishment]
Address: [Full address]
Business Number (NEQ): [Number]
Represented by : [Name and position of representative]
Hereinafter referred to as “the Employer”
And
The Employee :
Full name: [Employee’s full name]
Address: [Full address]
Social Insurance Number (SIN): [Optional]
Hereinafter referred to as “the Employee”
It has been agreed as follows:
1.1 Purpose of the contract
The purpose of this contract is to hire the Employee as a [job title: waiter, cook, receptionist, etc.], as part of a seasonal activity carried out by the Employer in the Hotels, Cafés, Restaurants (HCR) sector.
1.2 Nature and duration of contract
This is a fixed-term contract concluded to meet a need for manpower linked to a period of high seasonal activity.
Start date: [DD/MM/YYYY]End date: [DD/MM/YYYYY
End date: [DD/MM/YYYY]
1.3 Place of work
The Employee will perform his duties mainly at the following address: [Address of establishment]. From time to time, he may be required to perform his duties at another of the Employer’s establishments, located within a reasonable radius.
1.4 Working hours and hours of work
The duration of the work week is set at [Number of hours] hours, distributed according to a variable schedule including weekends and holidays, depending on the establishment’s operating needs.
1.5 Remuneration
The Employee will receive gross remuneration of [Hourly rate or monthly salary], payable as follows: [weekly / fortnightly / monthly].
1.6 Special conditions
The Employee may receive tips, in accordance with the rules applicable in the Quebec restaurant industry. The Employer undertakes to keep a register of tips, as provided for in the Act respecting labour standards (LSA).
1.7 Collective agreement or internal regulations
This contract is governed by the provisions of the Act respecting labour standards (RLRQ, c. N-1.1) and, where applicable, by the applicable collective agreement or the establishment’s internal regulations. The Employee hereby declares that he/she has read and understood these provisions.
2. Clauses specific to the HCR sector and seasonal nature
2.1 Justification of seasonal nature
The present contract has been concluded to cope with a temporary and foreseeable increase in the establishment’s activity, corresponding to a specific seasonal period in the hotel, restaurant or café sector. This period is characterized by a significant increase in visitor numbers, linked in particular to the summer tourist season, the end-of-year festivities, or major cultural or sporting events in the region.
In accordance with the Act respecting labour standards, seasonal fixed-term contracts may be used when employment cannot be maintained out of season due to the limited economic activity of the sector concerned.
2.2 Organization of working hours
The Employee undertakes to respect the working hours communicated to him/her by the Employer, which may vary according to operational requirements. Work may be organized day and night, including weekends and public holidays, with rest periods in accordance with current Quebec legislation. The Employer will endeavor to provide at least seven days’ notice of the work schedule, except in exceptional circumstances.
2.3 Working conditions specific to the HCR sector
The Employee agrees to work in a dynamic environment requiring a certain degree of versatility. He/she may be required to perform additional tasks related to the smooth running of the establishment, such as setting up and cleaning workstations, or welcoming customers, as required by the service. The Employee undertakes to wear the professional clothing provided or required by the Employer, in keeping with the image of the establishment and with health and safety regulations.
2.4 Trial period
A trial period of [indicate duration, e.g. 5 days worked or 2 weeks] may be agreed between the parties. During this period, either party may terminate the contract without compensation, subject to reasonable notice. The purpose of this trial period is to assess the Employee’s suitability for the position under the specific conditions of the HCR sector.
2.5 Absences and leave
Absences must be justified by a valid reason and reported as soon as possible. Any unjustified absence may result in disciplinary action. In the event of illness, a medical certificate may be required. Leave will be granted according to the availability of the establishment and periods of high attendance. The Employer reserves the right to limit leave during peak periods to ensure continuity of service.
2.6 Early termination of contract
In the event of serious breach of contractual obligations, the contract may be terminated early, without notice or compensation. In all other cases, early termination must be subject to reasonable written notice and must comply with the provisions of the Act respecting labour standards. If the termination is initiated by the Employee without just cause, the Employee may be held liable for damages caused to the Employer.
2.7 Non-renewal of contract
The present contract will terminate automatically on the agreed date, without the need for any termination procedure. No tacit renewal is foreseen. However, the Employee may be offered a new contract for a subsequent season if performance and behavior are deemed satisfactory, and in accordance with the Employer’s requirements.
3. Signatures, final statements and administrative formalities
3.1 Commitment of the parties
- Both parties declare that they have carefully read and understood all the clauses of the present contract.
- The Employee acknowledges having received a copy of the contract signed by the Employer.
- This contract constitutes the entire agreement between the parties with respect to the employment described herein and supersedes all prior agreements, whether oral or written.
3.2 Signatures
- Done at : [City]
- On: [Date]
- Employer’s signature: ___________________________
- Name and position: [Name, title]
- Signature of Employee : ___________________________
- Name: [Full name]
3.3 Mandatory legal information
- This contract is governed by the provisions of the Quebec Act respecting Labour Standards(RLRQ, c. N-1.1).
- The use of a seasonal fixed-term contract complies with section 9 of the LSA, which provides that the employer may set a term of employment when the nature of the work justifies it.
- The employee benefits from all applicable rights in terms of remuneration, leave, termination of employment, and occupational health and safety, in accordance with the Charter of Human Rights and Freedoms and the Quebec Labour Code.
Conclusion
Seasonal fixed-term employment contracts in the HCR sector are an essential legal tool for organizing business during peak periods. It provides a clear framework for the employment relationship, while protecting the employee’s rights and ensuring the employer’s compliance with Quebec legislation.
The model is designed to simplify drafting for employers, while guaranteeing optimum legal security for both parties. With clauses tailored to the specific features of the HCR sector, it helps prevent potential disputes and establish a transparent, balanced employment relationship.
Practical tip: It is advisable to keep a signed copy of the contract in the company’s administrative files, as well as a copy for the employee. In case of doubt, don’t hesitate to consult a lawyer specializing in employment law to adapt certain clauses to your specific situation.
For further information, please consult the following resources:
- Act respecting labour standards: RLRQ, c. N-1.1
- Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST): www.cnesst.gouv.qc.ca
- Charter of Human Rights and Freedoms: www.cdpdj.qc.ca
By offering this free, comprehensive template, avocat-montreal. ca is committed to making the law accessible, understandable and operational for employers and employees working in the demanding hotel, café and restaurant sectors.