Common use of Normal Seasonal Lay-off and Recall Clause in Contracts

Normal Seasonal Lay-off and Recall. 12.2.1 Lay-off An employee, as defined in Article 1.4.1(c), may be laid off from time to time in accordance with fluctuations in the work requirements with an expectation of recall. Such employees will be given ten days’ notice in writing, and will be retained in order of seniority in their department, within the same job title, within the same job family and the same or lower phase, provided they have the required qualifications. Employees may be retained on a day-to-day basis beyond the notice period, depending upon the work available. Such further employment shall continue to be on a seasonal basis for purposes of benefits, provided there is no break in service. However, work provided to an employee beyond the layoff date indicated in the lay-off notice may be refused by the employee until such time as formal notice of recall has been issued. It is hereby agreed that the application of this clause is not intended to allow employees in seasonal summer positions to take jobs of employees in seasonal winter positions and vice versa. In a similar manner, an employee cannot take the job of a term employee hired specifically to replace a seasonal employee who normally works the opposite season.