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Industries and Jobs with Exemptions or Special Rules

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Special Rules or Exemptions
Harvesters of Fruit, Vegetables or Tobacco
Standard Are You Covered? Special Rule or Exemption Details
Minimum Wage Special Rule Applies The application of the general minimum wage rule to harvesters differs from the way it applies to other employees in two ways:
  • if employees are paid on a piece work basis, the employer is considered to be in compliance with the minimum wage requirement, even if a particular employee earns less than the minimum wage, as long as the piece work rate is customarily and generally recognized in the area where the work is being done as being high enough that an employee using reasonable effort could earn at least the minimum wage.
  • where employees are not provided with a room but are provided with some other type of housing accommodation, special rules set out the maximum amount at which the accommodation may be valued for purposes of determining whether the minimum wage has been paid.

Note: This rule does not apply to harvester employees who are students under the age of 18 years who work not more than 28 hours a week or who only work during school holidays. If they are paid on a piece work basis and their piece work earnings amount to less than the minimum wage, the employer must pay them the minimum wage even if their piece work rate is customarily and generally recognized in the area where the work is being done as being high enough that an employee using reasonable effort could earn at least the minimum wage.

O. Reg. 285/01, s. 24-25
Hours of Work Exempt Harvesters are not covered by the hours of work rule. O. Reg. 285/01, s. 2(2)
Daily Rest Periods Exempt Harvesters are not covered by the daily rest period rule. O. Reg. 285/01, s. 2(2)
Time Off Between Shifts Exempt Harvesters are not covered by the time off between shifts rule. O. Reg. 285/01, s. 2(2)
Weekly/Bi-Weekly Rest Periods Exempt Harvesters are not covered by the weekly/bi-weekly rest period rule. O. Reg. 285/01, s. 2(2)
Eating Periods Exempt Harvesters are not entitled to an eating period. O. Reg. 285/01, s. 2(2)
Overtime Exempt Harvesters are not entitled to overtime pay. O. Reg. 285/01, s. 2(2)
Public Holidays Special Rule Applies Harvesters are entitled to public holidays and public holiday pay if they have been employed by the same employer for at least 13 consecutive weeks.

Harvesters are treated as if they are employed in a continuous operation. This means that an employee may be required to work on public holiday if the day on which the holiday falls is normally a working day for the employee and the employee is not on vacation on that day. If the employee is required to work on a public holiday, the employer may either

  • pay the employee his or her regular rate for the hours worked on the public holiday, and provide a substitute day off work with public holiday pay; or
  • pay the employee public holiday pay plus premium pay for each hour worked on the public holiday.

O. Reg. 285/01, s. 27
Vacation With Pay Special Rule Applies Harvesters are entitled to a vacation with pay if they have been employed by the same employer for 13 weeks or more. The 13 weeks do not have to be consecutive. O. Reg. 285/01, s. 26
Notice of Termination/Termination Pay Covered
Severance Pay Covered  

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