Alberta’s economy has long depended on seasonal labour, particularly agriculture and tourism. From farmhands harvesting crops in the southern prairies to hospitality workers staffing hotels and attractions in Banff and Jasper, seasonal workers play a vital role in sustaining two of the province’s most important industries. Despite their significant contributions, seasonal workers often face uncertainty and confusion about their legal rights.

This blog explores the employment rights and protections available to seasonal workers in Alberta. It highlights key distinctions in employment status, outlines applicable legislation, and clarifies how seasonal employees are protected regarding wages, hours, termination, workplace safety, and human rights.

Who Is Considered a Seasonal Worker in Alberta?

A seasonal worker is typically someone hired to work for a defined, short-term period during a particular time of year. Common examples include farm labourers, fruit or vegetable pickers, ski resort attendants, campground employees, golf course staff, hotel workers in high-tourist areas, and festival or event support personnel.

Seasonal work may be full-time or part-time, often tied to natural or tourism-related cycles. These roles are generally understood to end after the relevant busy period passes. While “seasonal” may suggest informality, these workers are still entitled to many of the same legal protections as permanent employees.

Employment Standards and Seasonal Workers

Alberta’s primary source of employment protections is the Employment Standards Code (ESC) and its accompanying Regulation. These laws apply to most workers in the province, regardless of whether the work is full-time, part-time, permanent, or seasonal.

However, notable exemptions and modifications exist for specific industries, particularly in agriculture. Both employers and seasonal workers must understand these distinctions to ensure legal compliance and prevent disputes.

Wages and Overtime Entitlements

Most seasonal employees are entitled to minimum wage, which, as of 2025, remains $15.00 per hour in Alberta. Employers cannot pay less than this amount, even if the work is temporary or casual. Seasonal employees must also be paid regularly, with pay periods not exceeding 16 days.

In most cases, overtime rules apply once an employee works more than eight hours per day or 44 hours per week. However, specific jobs, such as those involving primary agriculture, are exempt from overtime and minimum rest period requirements under the ESC. These exemptions recognize farm work’s unique demands and unpredictability, but can create confusion and disparities in worker protections.

Job-Protected Leaves

Seasonal workers may be entitled to certain job-protected leaves depending on the nature and duration of their employment. While access to long-term leaves (such as maternity or parental leave) typically requires a minimum period of continuous employment, some short-term leaves—like personal and family responsibility leave—may be available sooner.

Because seasonal work often lasts less than 90 days, some statutory leave protections may not apply unless the worker returns in subsequent seasons and maintains continuity with the same employer.

Termination and Notice Requirements

One of the most misunderstood areas of seasonal employment is termination. Alberta’s ESC includes rules regarding minimum notice or pay in place of notice. However, these rules only apply once an employee has worked for 90 days or more.

For workers who do qualify, the amount of notice required depends on the length of service. Still, the conclusion of a fixed-term or seasonal contract, where the end date or event is clearly defined, does not typically require a termination notice, provided the employment was clearly stated to be seasonal from the outset.

Where the employment is not explicitly defined as seasonal or lacks a precise end date, employees may be entitled to notice or pay in lieu of notice under the ESC or even common law reasonable notice in some circumstances.

Rehiring and Breaks in Employment

Employers may wish to rehire seasonal workers year after year, creating an ongoing working relationship. While this can be beneficial, it can also introduce complexity. If an employee works multiple consecutive seasons with little break in between, a court may find that the worker has established an “indefinite-term” employment relationship, a classification that carries greater legal obligations, especially around termination.

Both employers and employees should be mindful of how contracts are worded and whether employment terms clearly state that each season is a new contract with no guarantee of renewal.

Foreign Seasonal Workers and the Temporary Foreign Worker Program

Many seasonal agricultural workers in Alberta are recruited through the Temporary Foreign Worker Program, particularly under the Seasonal Agricultural Worker Program. These programs allow Canadian employers to hire foreign nationals to fill short-term labour shortages in specific sectors.

Workers hired through these federal programs enjoy certain employment protections, including:

• The right to a written employment agreement
• Coverage under provincial employment standards and health and safety laws
• Free health insurance during their time in Canada
• Return transportation and suitable housing (provided by the employer)

However, these workers may be especially vulnerable to exploitation due to language barriers, immigration status, and limited access to legal resources. In Alberta, employers who hire through the Temporary Foreign Worker Program must also comply with the Fairness for Newcomers guidelines and are subject to federal and provincial inspections.

Occupational Health and Safety Obligations

All workers in Alberta—seasonal or not—are covered by the Occupational Health and Safety Act (OHSA). This includes the right to:

• Know about workplace hazards
• Participate in identifying and resolving health and safety issues
• Refuse unsafe work

Employers are responsible for training seasonal workers on workplace safety, providing proper protective equipment, and ensuring compliance with health and safety standards. These obligations apply even if the employment is short-term. A failure to meet OHSA standards can expose employers to significant liability.

In high-risk environments such as farms or ski resorts, seasonal workers are often more likely to be exposed to injury. Employers must not assume that temporary status equates to reduced responsibility.

Human Rights and Discrimination Protections

Seasonal workers are protected under the Alberta Human Rights Act, which prohibits discrimination based on race, gender, age, disability, and other protected grounds in hiring decisions, workplace treatment, accommodation requests, and termination.

Employers cannot refuse to hire, promote, or rehire a worker based on a protected characteristic. Seasonal workers who believe they have been subjected to discrimination or harassment have the right to file a complaint with the Alberta Human Rights Commission.

In particular, foreign seasonal workers may face discrimination based on national origin or language. Employers must be proactive in fostering inclusive workplaces, regardless of the length of employment.

Practical Considerations for Employers

Employers hiring seasonal workers in Alberta should consider implementing the following practices:

• Use clear, written contracts that define the nature of the seasonal relationship and the expected end date
• Provide onboarding and training, even for short-term staff, to comply with OHSA
• Maintain records of hours worked, pay, and deductions to comply with ESC standards
• Treat repeat seasonal workers fairly and consistently to avoid unintended “indefinite-term” employment relationships
• Ensure compliance with any federal programs if hiring foreign nationals

Consulting with legal counsel before hiring seasonal workers, particularly in regulated industries like agriculture or tourism, can help employers avoid costly missteps and ensure compliance with provincial and federal law.

Practical Considerations for Seasonal Workers

If you are a seasonal worker in Alberta, it’s important to understand:

• You have rights, even if your employment is temporary
• Your employer cannot withhold wages or avoid paying minimum wage
• You can refuse unsafe work and ask for accommodations under human rights law
• You may qualify for a termination notice or severance, depending on your employment status

Legal recourse may be available if your employment ends unexpectedly or you are mistreated. Documenting communications, contracts, and pay stubs can help support a legal claim if needed.

Short-Term Employment not Short-Term Rights

Seasonal work is essential to Alberta’s agriculture and tourism sectors, but short-term employment does not mean short-term rights. Whether you are an employer or a worker, understanding the legal framework that governs seasonal employment is essential to maintaining fair and lawful working relationships.

Alberta employment law provides robust protections for seasonal workers, though with important exceptions and nuances, especially in the agricultural sector. Employers must remain diligent in their compliance efforts, while workers should stay informed and seek help if their rights are violated.

Calgary and Strathmore Employment Lawyers Advising Employers and Employees On Seasonal Workers’ Rights

Navigating the nuances of seasonal employment in Alberta can be complex for both employers and employees. With decades of combined knowledge and robust advocacy skills, the employment law team at Getz Collins and Associates is well-equipped to provide the practical, strategic advice you need. Based in Calgary and Strathmore, we serve clients across the province. To discuss your specific seasonal employment issue, contact us for a confidential consultation by phone at 587-391-5600 or reach out online.