Strawberry or raspberry pickers are doing manually harvesting the fruit for a producer.
|Categories of employees||Rate|
|Raspberry pickers||$3,18 per kilogram|
|Strawberry pickers||$0.85 per kilogram|
When the yield is affected by the state of the fields and the fruit or reduced for reasons beyond the employee’s control, he is entitled to the general minimum wage rate. He must then receive the difference between this rate and the wage paid according to yield.
To determine if the state of the fields or the fruit influenced the yield, the yields of employee must be compared. If the wage of the majority of the other employees exceeds the minimum wage, it is not the state of the fields or the fruit that explain the employee’s lower yield, but rather the way he works. As a result, the employee will only receive his wage according to yield.
Since May 1, 2010, these employees are subject to the general minimum wage rate.
The regular workweek is generally 40 hours. However, strawberry, raspberry and apple pickers are excluded from the payment of overtime at the premium rate. They must therefore receive
With each pay, the employer must give the employee a paysheet allowing him to check the calculation of his wages and the deductions.
The employer has to complete the simplified registration sheets intended for producers and strawberry and raspberry pickers (PDF in French only, 49,7 Ko) for employees who are in their employ for a period of less than five days.
As strawberry, raspberry and apple pickers, you are also entitled to the other labour standards.
Can a strawberry or raspberry producer decide to pay his employees at the minimum wage rate instead of at the rate based on yield set for pickers?
No. However, an employee who picks these fruit at the set rates based on yield can earn more per hour than the minimum wage rate depending on his yield.
Can a strawberry or raspberry producer pay a higher wage than the minimum rate on the basis of yield set by the Act respecting labour standards to ensure that he has a bigger labour force?
Yes. The Act stipulates that an employer may grant a more advantageous condition of employment than that stipulated in the regulation.
Is an employee who reports for work and who cannot work due to heavy rain entitled to remuneration?
Yes. An employee who reports for work at the express request of his employer or in the normal course of his employment and who does not work or who works for less than 3 consecutive hours is entitled to an indemnity equal to 3 hours at his regular hourly wage.
Are strawberry, raspberry or apple pickers eligible for the payment of overtime at the premium rate?
No. However, all hours worked must be paid.
Can strawberry, raspberry or apple pickers receive their 4% annual leave indemnity with each pay?
Yes, if the worker is hired on a daily basis.
Is an agricultural employer required to keep a registration system of each of his employees and to provide this register to the Commission des normes, de l'équité, de la santé et de la sécurité du travail, if necessary?
Yes. The regulation stipulates that an employer must keep a registration system or a register.
Can a producer have a child less than 14 years of age work in the fields?
Yes. However, he must obtain the written consent of the father, mother or tutor of the child.
If a strawberry picker realizes that he did not receive the equivalent of the minimum wage at the end of his day of work, is his employer required to pay him the difference?
No. If the state of the fields or fruit has no bearing on the situation, the picker is paid based on his yield. Consequently, he will receive payment according to his yield even if his wage is less than the minimum wage in effect for the other employees.
Is my employer obliged to weigh the containers of strawberries and raspberries that I have filled before he pays me?
Yes. Since May 1, 2013, strawberry and raspberry producers must pay strawberry pickers $0.79 per kilo and raspberry pickers $2.98 per kilo. To pay the exact amounts due to the employees, the employers are obliged to weigh the containers filled by the pickers.