Labour Standards on the Farm
Labour standards set the working conditions that must be respected in all workplaces in Quebec. These standards apply regardless of immigration status or the origin of employees. The law provides, among other things, that every worker has the right to be paid for every hour worked, including overtime, as well as compensation for vacation and statutory holidays, or for situations in which a person may take leave or a rest period.
These standards also apply on the farm. However, certain specific rules apply to agricultural workers.
Who Is Considered an Agricultural Worker?
Under the law, an agricultural worker is a person who performs agricultural tasks as part of a farming operation, meaning activities directly related to working the soil or land for the cultivation and production of plants, or to the care of animals.
Therefore, soil preparation, seeding, plant maintenance, harvesting fruits, vegetables, or grains, milking cows, and feeding livestock carried out on a farm are considered agricultural work.
This does not include machinery maintenance and repair, or the sale or delivery of farm products.
Do you perform agricultural work? Here are the labour standards rules that apply to you.
Agricultural Work : For agricultural tasks, all hours worked are paid at the regular wage rate, with no overtime premium for hours worked beyond 40 hours.
Non-Agricultural Work : For non-agricultural tasks, overtime must be paid at time and a half (+50%) after 40 hours of work.
Canning, Packaging, and Freezing Fruits and Vegetables : Canning, packaging, and freezing fruits and vegetables are not considered agricultural work. However, when these tasks are performed during harvest season, all hours worked are paid at the regular wage rate, without time-and-a-half premium, even if they exceed 40 hours per week.
Weekly Rest Period Deferral : Each week, the law provides for a rest period of at least 32 consecutive hours. However, with the worker’s agreement, the rest period may be postponed to the following week. In that case, the employer must grant two rest periods of at least 32 consecutive hours during the following week.
Workplace Harassment : Workers have the right to a healthy workplace free from psychological or sexual harassment. Employers have obligations to prevent this type of behavior, including implementing a prevention and complaint-handling policy. This policy must specify, among other things, the person responsible for receiving and handling complaints or reports.
Prohibitions for Employers of Temporary Foreign Workers : It is prohibited for such employers to keep personal documents or belongings belonging to temporary foreign workers they hire. They also may not require a worker to reimburse recruitment-related fees, except those provided for under a Government of Canada program.
Tools and Information
For more information, consult the webpage on agricultural workers.
Courtesy translation by InfoTET.
