Tips For Hiring Seasonal Employees

• Published date: 27 June 2022
• Subject Matter: Employment and HR, Contract of Employment
• Law Firm: MLT Aikins LLP
• Author: Ms Ashton Butler

This blog was written with the assistance of Matthew Douglas, summer law student.

It is that time of year: the temperatures are rising and the end of the school year is around the corner - seasonal employers are preparing to hire summer employees.

There are many unique factors that apply to seasonal employment. This blog will explore some of the decisions that employers can make when it comes to seasonal employment.

Fixed-Term vs Indefinite Employment Agreement

Seasonal employees are typically engaged in one of the following ways:

• through "one off" hires, where the employee works for a season and never returns to work for the employer again
• through continuous hires who return year after year to work for the employer

Whether the intention is for an employee to work for only one season or to continue season after season may guide an employer's decision in terms of whether a fixed-term or indefinite term employment agreement is more appropriate in the circumstances.

Indefinite employment contracts involve continuous service, which is intended to last for an indefinite period of time. This expectation of a continuous, indefinite period of employment includes an expectation that an employee will continue to work for the employer indefinitely unless the employment agreement is terminated by one of the parties.

In contrast, fixed-term contracts are intended to last for a specific period of time or until a specific task/job is completed. Where properly drafted, it is clear when the fixed-term employment is to come to an end.

Issues can arise when an employer blurs the lines between an indefinite and fixed-term contract by having seasonal/term employees return for multiple seasons/terms, or having an employee work beyond the fixed-term in the contract.

When using fixed-term employment contracts, employers should ensure that the fixed-term contract uses clear and unequivocal language that demonstrates the fixed nature of the contract. When a fixed-term employment agreement is properly drafted, an employee is generally not entitled to notice of termination or termination pay where the employment ends at the end of the term in accordance with the agreement.

Inclusion of a Termination Provision

In certain circumstances with seasonal employees, an employer's conduct may establish a definite pattern of recall, consistent with "indefinite" seasonal employment. This concern arises even where the employee enters into a fixed-term contract each year.

The Saskatchewan...