Rights of SEASONAL WORKERS
During the busy holiday season, employers often hire seasonal workers to deal with an increase in consumer demand.
What does it mean to be a seasonal worker?
What are your rights as a seasonal worker?
Most of the same rights outlined in the Employment Standards Act (ESA) apply to seasonal workers – including rights to minimum wage, hours of work, breaks, overtime, vacation pay, as well as health and safety legislation.
Different entitlements such as benefits and RRSP contributions may apply for seasonal workers.
Seasonal Workers and Statutory Holidays
Seasonal workers that are employed in hotels, resorts and restaurants may be required to work on a statutory holiday, however, retail workers can refuse to work on a statutory holiday if they give their employer 48 hours’ notice.
Seasonal Workers and Fixed Term Contracts
Employers generally choose to hire seasonal workers on a fixed-term contract. In this case, employees know when the last day of their employment will be. For this reason, employers do not have to give notice to employees. If seasonal workers do not offer a fixed-term contract, employees are entitled to the same notice entitlements upon termination as any other employee.
Employers are not obligated to extend a fixed-term contract for seasonal workers and are not obligated to rehire a seasonal worker the next year. However, many employers find it beneficial to rehire seasonal workers because they are familiar with business operations and duties and are faster to train than new employees.