Farm Workers Fact Sheet

Definition of a 'Farm Worker'

A farm worker is defined in the Employment Standards Regulation as a person employed in a farming, ranching, orchard or agricultural operation and whose principal employment responsibilities consist of:

  • Growing, raising, keeping, cultivating, propagating, harvesting or slaughtering the product of any of the above operations.
  • Clearing, draining, irrigating or cultivating land.
  • Operating or using farm machinery, equipment or materials for the above purposes.
  • Direct selling of a product any of the above operations if the sales are done at the operation and are only done during the normal harvest cycle for that product.
  • The initial washing, cleaning, sorting, grading or packing of an unaltered product produced by the operation, or a similar product purchased from another operation during the normal harvest cycle for that product.

But does not include any of the following:

  • A person employed to process the products of a farming, ranching, orchard or agricultural operation.
  • A landscape gardener or a person employed in a retail nursery.
  • A person employed in aquaculture.
  • Farm workers are covered by most sections of the Employment Standards Act and Regulation with certain important exceptions described below.

Minimum Wage

Farm workers who harvest specified crops by hand must be paid a minimum piece rate for each crop. These piece rates are listed below.

Where farm workers are being paid on a piece rate basis, the employer must post notices stating: the volume of the picking containers, the volume or weight of the crop needed to fill a container and the piece rate for the crop.

All other farm workers, whether they are paid hourly, by salary or by any other method must be paid at least the minimum wage of $8 per hour.

Paying wages

  • All farm workers must be paid at least twice a month.
  • Hourly and salaried farm workers must be paid all wages within eight days of the end of the pay period.
  • Piece-rate harvesters may be paid at least 80 percent of total estimated wages owing at the middle of each month. All remaining wages must be paid within eight days of the end of the month.

Licensed Farm Labour Contractors must pay wages directly to the employee's bank account. For more information see the Direct Deposit factsheet in English [126kb], Punjabi [105kb] or Hindi [125kb].

Overtime

Farm workers are not entitled to overtime pay. However, a farm worker must not work excessive hours detrimental to the employee's health or safety.

Annual Vacation and Vacation Pay

Vacation pay for piece-rate harvesters is included in the piece rates shown below.
Farm workers paid a salary or hourly rate are entitled to:

  • Two weeks vacation after one year of employment and three weeks vacation after five consecutive years of employment.
  • Vacation pay of four percent of total yearly earnings after completion of one year of employment and six percent of total yearly earnings after five years of employment. (See Factsheet on Annual Vacation)
  • If employment terminates before one year, a farm worker is entitled to a payout of four percent of gross earnings.
  • Instead of a lump sum vacation payout, four percent of earnings may be added to each pay

Statutory Holidays

  • Farm workers are excluded from statutory holiday pay.

Wage Statements

  • On paydays, an employer must give each employee a written wage statement that includes the following information:
    • The employer's name and address.
    • The number of hours worked.
    • The employee's wage rate, whether hourly, salary, flat rate, piece rate, commission or other incentive basis.
    • Any money, allowance or other payment the employee is entitled to.
    • The amount and purpose of each deduction.
    • How the employee's earnings are calculated if the employee is paid other than by the hour or by salary.
    • The employee's gross and net wages, and any amounts withdrawn from the employee's time bank and how much remains.

Minimum Wage for Piece Work Crops effective May 16, 2003Go to top

The minimum wage for farm workers who are employed on a piece work basis and hand harvest the following crops is as follows (rates include vacation pay of four percent of earnings):

Apples

$ 15.60/ bin (27.1 cu. ft.)

Apricots

$ 17.94/ 1/2 bin (13.7 cu. ft.)

Beans

$ 0.214/ pound

Blueberries

$ 0.362/ pound

Brussels sprouts

$ 0.149/ pound

Cherries

$ 0.205/ pound

Grapes

$ 16.58/ 1/2 bin (13.7 cu. ft.)

Mushrooms

$ 0.215/ pound

Peaches

$ 16.58/ 1/2 bin (12.6 cu. ft.)

Pears

$ 17.56/ bin (27.1 cu. ft.)

Peas

$ 0.267/ pound

Prune plums

$ 17.56/ 1/2 bin (13.7 cu. ft.)

Raspberries

$ 0.326/ pound

Strawberries

$ 0.314/ pound

Daffodils**

$0.125/ bunch (10 stems)

**Note: the rate for daffodils does not include vacation pay.

For more information, please contact the Employment Standards Branch,

#101 - 10475 - 138 Street
Surrey BC V3T 4K4
Facsimile: 604 586-4249

Or call the Agriculture Compliance Team at 604 586-2946 or 604 586-2951

Ministry of Labour and Citizens' Services
Employment Standards Branch
Province of British Columbia

This factsheet has been prepared for general information purposes. It is not a legal document. Please refer to the Employment Standards Act and Regulation for purposes of interpretation and application of the law.

For more information, please contact the Employment Standards Branch.