Seasonal workers can still have employment rights when a season ends, including rights to severance, vacation pay, overtime and other compensation.
Being hired for seasonal work does not automatically mean your employer can end the relationship without notice or compensation. What matters is how the employment relationship was structured, how long you worked there and whether you returned season after season.
Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia understand their rights when seasonal work ends or an employer decides not to bring them back.
⚠️ Told your seasonal job is over and you are owed nothing?
Don’t assume that is correct. If you worked for the same employer repeatedly or expected to return for another season, you may still have severance or wrongful dismissal rights.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page:
- 1. Seasonal Worker Rights
- 2. Severance Pay
- 3. Repeated Seasonal Work
- 4. When the Season Ends
- 5. Vacation Pay & Overtime
- 6. EI Between Seasons
- 7. Common Questions
Do Seasonal Workers Have Employment Rights?
Yes. Seasonal employees are still employees and can have rights under employment standards legislation, their employment contract and common law.
Those rights can include:
- minimum wage
- vacation pay
- overtime pay
- public holiday entitlements
- notice of termination or termination pay
- additional severance or common-law notice in some cases
The fact that your job is seasonal does not remove these rights.
Do Seasonal Workers Get Severance Pay?
They can. Seasonal employees can be entitled to notice or compensation when the employment relationship ends.
The amount depends on factors such as:
- how long you worked for the employer
- whether you returned over multiple seasons
- your age
- your position
- your employment contract
- whether there was an expectation that you would return
A seasonal employee who has worked for the same company for years can have much stronger severance rights than someone who worked a single short season. Severance can be as much as 24 months’ pay.
Read our guide to severance pay in Canada.
? Seasonal does not mean disposable.
If you returned to the same employer year after year, your full service history can matter when your severance rights are assessed.
Does Repeated Seasonal Work Count Toward Length of Service?
It can. Courts and employment standards rules can look at the full employment relationship, not just the most recent season.
If you worked for the same employer every year, took breaks only because the business closed or slowed seasonally and were repeatedly brought back, your prior service may be relevant.
That can affect:
- termination notice
- termination pay
- common-law severance
- whether the employer can treat each season as a completely separate job
The exact result depends on your contract, the pattern of employment and the province where you worked.
What Happens When a Seasonal Job Ends?
The answer depends on whether the employment was truly limited to a defined season or whether there was an ongoing expectation that you would return.
If your contract had a clear end date
A properly drafted fixed-term or seasonal contract can affect whether additional notice is owed when the term ends.
If you worked season after season
The employment relationship may look more like ongoing employment with seasonal interruptions. In that situation, the employer may have termination obligations when it decides not to bring you back.
If the employer suddenly stops scheduling you
A complete or major loss of hours can amount to a termination or constructive dismissal, depending on the circumstances.
⚠️ Don’t resign because the employer says there is “no work this season.”
Find out whether the relationship has actually ended and whether notice or severance is owed before treating the job as over.
Do Seasonal Workers Get Vacation Pay and Overtime?
Yes, if the applicable employment standards rules apply to the job.
Seasonal status does not remove minimum employment standards such as vacation pay, minimum wage or overtime.
Your exact entitlement depends on the province, your occupation and whether an exemption applies.
For more information, see our guides to overtime pay and vacation pay.
Can Seasonal Workers Get EI Between Seasons?
Yes, if they meet the federal Employment Insurance requirements.
Seasonal workers often apply for EI when work ends because of a predictable seasonal slowdown or closure.
Eligibility depends on factors such as insurable hours, the reason employment stopped and whether you are ready and available to work.
Receiving EI does not decide whether your employer also owes you severance.
? EI and severance are separate issues.
You can qualify for Employment Insurance and still have a legal claim for termination pay or additional severance.
Seasonal Workers in Canada: FAQs
Are seasonal workers considered employees?
Yes. Seasonal employees can have the same basic employment standards protections as other employees, subject to specific exemptions that apply to certain industries or occupations.
Can a seasonal worker be fired before the season ends?
Yes. But the employer may owe notice or compensation, especially if the employee had a fixed-term agreement or additional common-law rights.
Do seasonal workers get termination pay?
They can. The answer depends on the applicable legislation, length of service, contract and the way the employment relationship ended.
Can repeated seasonal employment count as continuous service?
Yes. Repeated employment with the same employer can affect how service is assessed, especially where there was an ongoing expectation that the employee would return each season.
Can seasonal workers get vacation pay?
Yes. Seasonal employees can earn vacation pay under provincial employment standards rules unless a specific exemption applies.
Can seasonal workers get overtime?
Yes. Seasonal workers can qualify for overtime pay when they cross the applicable provincial threshold and no exemption applies.
Can seasonal workers collect EI?
Yes. Seasonal workers can qualify for EI if they meet the federal eligibility requirements.
What if you’re unionized?
Your collective agreement can contain specific rules about seasonal work, recalls, seniority and layoffs. Contact your union. Samfiru Tumarkin LLP’s employment law team does not assist with unionized workplace disputes.
Your Seasonal Job Ended? Find Out What You’re Owed.
Working seasonally does not automatically mean your employer can end the relationship without notice or compensation.
If you worked for the same employer over multiple seasons, expected to return or were suddenly told there was no more work, have your situation reviewed before assuming you are owed nothing.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their severance and termination rights.
Before you sign, always check first.
➡️ Have Your Severance Reviewed or call 1-855-821-5900.