What you need to know
- The Protection of Employees (Fixed-Term Work) Act 2003 protects fixed-term workers.
- If an employee is kept on for two or more successive fixed-term contracts equating to four years or more, the contract converts to a Contract of Indefinite Duration.
- The Employment Permits Act 2024 introduced the Seasonal Employment Permit.
- A pilot SEP programme was carried out in 2025.
- The pilot programme is now paused, with a stricter relaunch targeting a Q3 2026 start ahead of the 2027 harvest season.
Introduction
The traditional harvest season has arrived for Irish growers, from tillage farmers to fruit and vegetable producers. Seasonal labour is the backbone of the harvest. Irish agri-businesses tend to reemploy the same seasonal worker teams on an annual basis to leverage experience and ensure seamless, direct supply to their customers. However, many businesses in this sector are unaware of the hidden pitfalls of seasonal hiring. These include unintentionally creating Contracts of Indefinite Duration and failing to comply with new employment permit rules.
Fixed-term contracts
Under the Protection of Employees (Fixed-Term Work) Act 2003, if an employee is kept on for two or more successive fixed-term contracts, the combined duration of those contracts cannot exceed four years unless there are objective, justifiable grounds. If an employer breaches this limit, the contract automatically converts into a Contract of Indefinite Duration (CID). In simple terms, the seasonal workforce may unintentionally become permanent.
To protect their business from accidentally acquiring a permanent workforce when the season ends, an employer must adhere to three strict compliance rules:
- "Objective grounds": You cannot simply renew a contract because it is convenient. On or before every single renewal, you must inform the worker in writing of the specific "objective condition" ending the contract, for example the conclusion of the 2026 soft fruit harvest season. The correspondence must also state precisely why a permanent contract is not being offered.
- Break in service: Do not assume that a winter layoff automatically resets the clock. If the Workplace Relations Commission (WRC) determines that a series of short contracts were explicitly engineered to circumvent the four-year rule or the Unfair Dismissals Act, they will aggregate the periods of service anyway.
- Unfair dismissals: Seasonal contracts must explicitly include a clause stating that the Unfair Dismissals Acts 1977-2015 will not apply to a dismissal consisting solely of the expiry of the fixed term. Without this explicit written exclusion, the end of a harvest contract could trigger an unfair dismissal claim.
Seasonal Employment Permit
The four-year contract issue isn't the only issue on the horizon for harvest employers. Many agri-businesses rely on non-EEA nationals to fill seasonal roles. It is therefore important to be aware that the rules governing their right to work have changed significantly in the past two years.
The Employment Permits Act 2024 introduced an entirely new permit category, the Seasonal Employment Permit (SEP). The detailed rules governing the SEP are set out in the Employment Permits (Amendment) (Seasonal Employment) Regulations 2025[1].
A 2025 pilot of the scheme has since concluded, and uptake fell short of capacity. According to a June 2026 report published by the Department of Enterprise, Tourism and Employment, despite initial interest from 12 employers, only 2 completed registration as Approved Seasonal Employers (ASEs). Of 33 permits granted, only 23 workers ultimately arrived in the State. The Department concluded the scheme was not adequately tested, and has recommended a second, stricter pilot phase targeting a Q3 2026 start for the 2027 season. Employers should review the 2025 rules and the Department’s recommendations for the 2027 scheme before it commences.
What it covers: The second pilot will be implemented again in the horticulture sector “based on the framework of the 2025 pilot, with additional features”.
Duration: The employment permission will be from three to seven months per year. SEP holders must leave the State for at least five months to be eligible to return on an SEP the following year.
Who can recruit: Only ASEs may recruit under the scheme. ASEs must be properly registered as such.
Pay and hours: Remuneration in 2025 was set at €30,000 per year pro rata. This increased to €32,691 in March 2026. This figure can include the cost of health insurance and accommodation, subject to National Minimum Wage legislation.
Employer obligations go beyond pay: An ASE is required to make arrangements to provide appropriate accommodation and health insurance to the SEP holder.
Labour market needs test: ASEs must conduct a labour market needs test and must comply with the 50:50 rule. Under the 50:50 rule, an organisation can only access the employment permits system if at least 50% of its workforce are Irish, EEA (European Economic Area), UK or Swiss nationals.
Other obligations: An ASE must have at least two foreign nationals in employment.
Mobility between employers: SEP holders may move to a different ASE up to three times, provided they have a written job offer and the new role involves the same type of seasonally recurrent work.
Recommendations for pilot relaunch
- Stricter employer due diligence requirements, including mandatory vetting and approval of recruitment agencies.
- Robust pre-departure verification processes.
- Mandatory accommodation pre-inspections and automatic prohibitions on relocation without prior approval.
- Earlier ASE registration to allow for meaningful recruitment planning.
- Consideration of a bilateral agreement with a sending country to ensure ethical and controlled recruitment pathways.
The Department has already begun engaging with international organisations such as the International Centre for Migration Policy Development, the International Labour Organization, and the International Organization for Migration, to strengthen policy development.
Why this matters
There is a practical overlap for employers between the use of successive fixed-term contracts and availing of the SEP. A grower who both structures its non-EEA seasonal hires through successive SEPs and issues successive fixed-term employment contracts to the same individuals is running two separate statutory clocks at once.
The Employment Permits (Amendment) (Seasonal Employment) Regulations 2025 limit SEP renewals to a total of three years, covering up to three seasonal periods. Separately, under the Protection of Employees (Fixed-Term Work) Act 2003, an employee on successive fixed-term contracts becomes a permanent employee once those contracts exceed four years in total. Complying with one set of rules does not guarantee compliance with the other.
The accommodation, insurance and labour-market commitments attached to ASE status add a further layer of conditions that must be met season to season.
With the harvest season underway, now is the time for growers to review their seasonal hiring arrangements. This includes:
- Checking the duration of fixed-term contracts
- Tracking SEP renewal periods, and
- Confirming that approved seasonal employer obligations are being met.
If you would like advice on structuring your seasonal workforce or applying for or managing Seasonal Employment Permits, please contact a member of our Employment Law & Benefits team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
[1] S.I. No. 33 of 2025