Summary: Seasonal Employment vs. Permanent Rights
In Alberta, a seasonal layoff occurs when an employee is let go because the work season has concluded. While the Employment Standards Code has specific exceptions for seasonal staff, your rights under common law are often much stronger than you think.
The “Indefinite” Seasonal Worker
If you have worked for the same company for several seasons in a row, the law may view you as an indefinite employee. If you are not called back for the next season, it is legally a termination, and you are likely owed severance pay based on your total years of service.
Employment Standards vs. Seasonal Work
Under the Alberta Employment Standards Code (ESC), seasonal layoffs are handled differently than standard office roles. It is important to know which rules apply to your industry:
- Standard Seasonal Work: If you are hired for a specific season (e.g., ski hill or summer camp) and the employment ends when the season does, the employer is generally not required to provide statutory termination notice.
- The Construction Exception: Employees in the construction and brush clearing industries are not entitled to statutory notice of termination or termination pay under the Code, regardless of how long they have worked.
- Temporary Layoff Limits: If you are laid off during the season for a shortage of work, the standard 90-day temporary layoff rules apply. If you aren’t recalled within 90 days, it becomes a termination. You may also be able to treat the layoff as a termination through a constructive dismissal claim early on.
When are Seasonal Workers Owed Severance?
Your severance pay Alberta rights often kick in when the “seasonal” nature of the job is used as an excuse for an illegal termination. You may be owed compensation if:
| Scenario | Legal Reality |
|---|---|
| Mid-Season Layoff | If you are fired before the season ends, you may be owed pay for the remainder of the season. |
| The “No Recall” Termination | If you’ve worked multiple years and aren’t called back, you are likely owed full common law severance. |
| Mass Group Termination | Large cuts trigger special Mass Layoff Rules under the ESC. |
Common Law: The Seasonal Advantage
Even if the ESC says you aren’t owed notice (like in construction), common law usually disagrees. Alberta courts have repeatedly found that seasonal workers are entitled to “reasonable notice” if they had a reasonable expectation of continued employment.
In these cases, your severance is calculated using your total “linkage” to the company over many years, not just the months worked in the current season — meaning total compensation can be as much as 24 months’ pay.
Get Legal Help Today
Whether you work in oil and gas, agriculture, or construction, a seasonal layoff should not leave you without a safety net. Our Alberta team represents seasonal staff in: