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im a logger in B.C. and head of the health and safety comitee. We are laid off seasonally for 4-8 weeks every spring depending on the snow melt conditions. Our company was recently purchased and the new boss says that as we are laid off every year we aren't entitled to book holidays during the rest of the year. It had never been a problem withe the previous employer for the last 10 years. I am looking for the specific section of the employment act that states this is not legal so i can just quote it and avoid a conflict. Thanks for your help
The B.C. Employment Standards Act makes no general distinction between seasonal employees and permanent ones. With some exceptions, the usual rules (such as those for vacation) apply equally to seasonal workers. I would suggest reviewing/quoting from Part 7 of the ESA which spells out the rules for vacation entitlements for all employees in BC. Additionally, the fact the Employer has allowed this practice of taking vacation for the past 10 years would mean it is an implied term of your employment contract. If you want to discuss further, we would be happy to provide you with a consultation. Also, I would encourage you and your colleagues to download our firm's Pocket Employment Lawyer application for all employment law related questions or inquiries you may have in the future (Link: https://stlawyers.ca/pocket-employment-lawyer/).