Farm workers

Are you a farm worker, seasonal or otherwise?

At work, you have the same rights and obligations as all workers in Quebec. Employers also have the same rights and obligations toward you as toward other members of their staff.

For everything related to work, the CNESST is your reference.

Specific provisions concerning the working conditions of farm workers

The worker performs tasks of an agricultural nature on a farming operation. To be considered a farm worker, you must be involved in working the soil or land in order to grow crops or raise livestock. For example, sowing, tending plants and harvesting fruit on a farm is considered farm work.

Maintaining and repairing machinery used for raising livestock or for the production, sale or delivery of cultivated products is not considered farm work.

Overtime

Your work hours are paid at a single rate, even after 40 hours of work a week. The employer does not have to pay overtime at time and a half (50%).

If the farm worker is assigned to non-farm tasks, overtime must be paid at time and a half.

The overtime to be paid is determined based on the task performed as of the 41st hour of work per week.

Example of how overtime is calculated, including non-farm tasks

In a single week, Manuel worked a total of 49 hours.

• First, he worked 44 hours harvesting the fields, which is considered farm work.
• Then, he worked 5 hours in machinery maintenance, a non-farm task.

The calculation is as follows:

• For the first 40 hours worked and the next 4 hours, Manuel will receive his base wage.
• The 5 hours worked after the 44th hour, from the 45th to the 49th hour, are considered overtime spent on non-farm tasks. These 5 hours will have to be paid to Manuel at time and a half, that is, 1.5 times his base wage.

Canning, packaging, freezing of fruits and vegetables

Go to the Canning, packaging or freezing of fruits and vegetables page to find out more about the specific provisions concerning overtime.

Weekly rest period

An employer must give workers a weekly rest period of 32 consecutive hours. In the case of farm work, your employer may postpone this rest period to the following week if you agree.

The rest period may be postponed once a week. In this case, the employer must give 2 rest periods of 32 consecutive hours the following week, for a total of 64 consecutive hours.

Right to refuse to work

You have the right to refuse to work overtime beyond a certain number of hours, but you may not refuse to work solely because you were not informed of your work schedule at least 5 days in advance.