Santa’s Other Key Christmas List – Checking Off the North Pole’s Seasonal Employment Needs
It’s Christmas time, and Santa is once again getting ready to take his world-wide toy show on the road. Taylor Swift may have amazed concert crowds and set records with her recent Eras Tour – visiting 21 countries and 5 continents in her 21-month (632-day) tour – but she doesn’t have anything on Santa. The jolly old elf and his team put Taylor and her crew to shame by visiting all 7 continents and 195 countries in a single night. Take that, Swifties!
Much like a large concert or theatre production, what you see and what you think you know about Santa and his Christmas operations is only scratching the surface of the real logistics required to pull off the operational success. When you run an organization like North Pole Enterprises, the peak Christmas season means seasonal staffing is essential. After all, November and December are the months when the workload at the North Pole is at its highest. There’s so much more to do than just finishing the final toys, games and electronics on children’s wish lists. It’s the time of year when logistics kick into high gear and the additional tasks, like (i) wrapping and labelling gifts; (ii) organizing packages by country, city and county; and (iii) the all-important loading of Santa’s sack and sleigh, are crucial.
You may know Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donder and Blitzen, but you’ve likely never heard of Bob, Suzie, James, Maddy or Stu. That’s because they aren’t long-term employees who have been with North Pole Enterprises for years. Instead, they are some of the seasonal elves Santa and the company hire each year to help get them through the busy season in the push to December 24th. Ensuring Santa has the elf-power he needs requires careful advance planning and preparation, much like any Ontario employer with seasons or periods of the year where there is increased demand for their products and services.
So, this holiday season, we’re making a list and checking it twice to make sure Ontario employers don’t get stuck on some of the common challenges of hiring seasonal employees in their run-up to high season.
1. Recruitment
Finding the right elves for the job isn’t as easy as shaking a snow globe and seeing how the snowflakes fall. When you know you’re going to see a significant uptick in workload, the search for the right talent, even for a short term, should start well in advance of when it’s needed. Of course, like any other role, the search for seasonal employees begins with a job posting.
Generally speaking, a job posting will identify the position the employer is hiring for, where the employee will be working, and a summary of the duties and responsibilities for the role. If you’re like Santa and you need skilled or certified seasonal staff (after all, proper bow-tying is a must), the job posting should also reference any specific educational, licensing or certification requirements for the role. And if you’re looking to hire the top talent available, make sure you highlight the benefits or incentives that differentiate your workplace from the competition (Santa has this one in the bag – pardon the pun).
On October 28, 2024, the Working for Workers Five Act, 2024 “WFW-5”) received royal assent, amending the Employment Standards Act, 2000 (the “ESA”). In addition to other changes, WFW-5 established new requirements with respect to publicly advertised job postings (defined in O.Reg 476/24). Specifically, effective January 1, 2026, publicly advertised job postings must include the expected compensation/range of compensation for the position, any requirements related to Canadian experience, whether the employer uses AI to screen, assess or select applicants, and a statement disclosing whether the posting is for an existing vacancy or not. See our PH Report[CI1] , also issued today, which provides more details on these requirements and the regulation with respect thereto filed on November 29, 2024.
2. Hiring and Employment Agreements
With the applications and résumés rolling in (after all, who wouldn’t want the opportunity to work with Santa), you want to make sure you lock your employees down with a written employment agreement. This isn’t something reserved only for long-term employees. Written employment agreements are vital when hiring for roles of all shapes, sizes and duration.
In addition to covering off a lot of general information, written employment agreements must include:
how the employee’s wages will be paid;
when and how vacation pay will be paid;
accessibility-specific information notifying the employee of the employer’s accommodation policies and who the employee should contact if they wish to request accommodation; and
effective July 1, 2025, specific information in writing including, but not limited to, the employer’s legal and operating name (if different), address, and telephone number; and the employee’s work location, starting wage and hours.
When it comes to seasonal employment agreements, key terms also include:
the employee’s term of employment (the start and end dates);
advance notice of the termination of employment at the expiration of the term;
whether benefits and/or vacation time are provided; and
an early termination clause.
It’s important to note that where there is no early termination provision, or where the termination clause in the agreement is unenforceable, an employee terminated before their fixed-term ends will be entitled to pay for the balance of the term without any requirement to mitigate and regardless of whether they find new or alternate employment in the interim. So, remember (I promise it’s not just a shameless plug), always seek legal advice to confirm that your written employment agreement is up-to-date and compliant with current legal and statutory requirements. I don’t know about the North Pole, but if you’re an employer in Ontario, you know how important it is to confirm that your termination clauses – and early termination provisions for fixed-term/seasonal employees – are enforceable.
3. Training
Just because seasonal staff elves are only with the organization on a temporary basis doesn’t mean Santa can let his guard down on training. Employees hired for a fixed-term may not enjoy the same benefits and incentives as the company’s full-time permanent employees (those hired for an indefinite term) do, but they are still workers to whom the employer owes various obligations, particularly when it comes to occupational health and safety. As such, they must receive training on key company policies when they are onboarded.
In Ontario, employers must ensure that all employees, including those hired only for a limited period or project:
receive training on the company’s occupational health and safety, workplace violence, and workplace harassment (including workplace sexual harassment) policies and procedures;
complete or have completed their minimum health and safety awareness training as required under the Occupational Health and Safety Act (the “OHSA”);
complete workplace-specific training required by the Accessibility for Ontarians with Disabilities Act (the “AODA”) applicable to their role including, at a minimum, training that covers the Ontario Human Rights Code, accessible customer service, and the applicable AODA standards (see here for the Ontario government’s guidelines on accessibility training);
receive training on their specific assigned tasks, including any hazards associated with their work area, equipment (such as ladders, forklifts, elevated platforms, confined spaces), or use of chemicals;
know who their health and safety representative (where the workplace has 5-19 employees) or joint health and safety committee members (where the workplace has 20 or more employees) are; and
where applicable, receive workplace hazardous materials information system (WHMIS) training.
It’s important to remember that conducting the training isn’t enough. Both the OHSA and the AODA require employers to keep training records that include the employee’s name, the date the training was completed, the topics covered, and a copy of the training materials.
4. Assignment to Sleigh Duty on December 24th
There’s a lot of jobs at North Pole Enterprises, but none as demanding as joining Santa as he travels the world to deliver all of the toys and goodies on his sleigh. Not everyone is cut out for the job, and not everyone can legally do it as without modifications to Santa’s schedule. So, don’t go thinking you can hire a seasonal elf to do the heavy lifting on Christmas Eve while your permanent staff stay back at the workshop.
In Ontario, fixed-term and seasonal employment are not exceptions to the maximum work hours, overtime pay or meal break rules in the ESA. Seasonal employees have the same rights as most other employees which limit them to 8 hours of work in a work day (or longer if their regular shift has been established for a greater number). An employee’s hours of work may exceed 8 hours in a work day so long as (i) the employee has executed an Agreement to Work Excess Hours in the proper form, specifying the higher number of work hours agreed to; (ii) their work hours don’t exceed the weekly maximum of 48 hours (subject to the employee agreeing to a greater number in writing); and (iii) the employee has at least 11 consecutive hours free from work in the 24-hour period commencing as at the beginning of their shift.
Further, despite the frequent milk and cookie breaks along the route, Santa’s Christmas Eve schedule likely does not allow for the required uninterrupted 30-minute eating period after completing every 5-hours of toy distribution. It remains to be seen if two 15-minute breaks could fit into that period (I’ll let you know if my application for seasonal elf is accepted for next Christmas).
Conclusion
Hiring seasonal staff can offer great benefits to an employer looking to cover increased business and operational needs during a busy season, but planning and preparation are essential. We all know that Santa makes a list and checks it twice before he comes to town, so before you hire, be like Santa, and one day we may be singing about your accomplishments too.
From everyone at Piccolo Heath LLP, Merry Christmas, Happy Hanukkah and Happy Holidays!
