Alberta producers are preparing for new rules in January that dictate how they are supposed to pay and treat hired, non-family farm workers.
The new rules, which take effect Jan. 1, involve hourly wages, vacation pay, rest periods, time off, paid leave, complaints, terminations and youth employment.
Government officials were discussing the changes last week through information sessions they hosted online.
“These rules only apply to paid employees who are not related to the owner,” Desiree Williams, an Alberta government representative, said during the online forum.
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“They also don’t apply to friends and neighbours, so please continue to help each other out as farmers have done for generations.”
Some of the main questions from farmers and ranchers who participated in the forum revolved around youth employment.
For instance, many producers wondered what would be considered “light work” and what would be considered “hazardous work.”
They were curious about this because the rules state that any hired youths who are 13 to 15 and who are not related to the owner are only allowed to do light work.
Sixteen- and 17-year-olds can do hazardous work, but they need approval from the director of Employment Standards to do so.
Kent Erickson, co-chair of the Ag Coalition, which was established in response to changes to Alberta’s farm safety rules, said farmers and ranchers want these terms more clearly defined.
“Some producers get lots of summer students and after-school youth to do work,” he said.
“So what is considered hazardous and who defines what hazardous is? I might think going on a quad to pick rocks isn’t hazardous while someone else might think doing that is.”
In response to those questions, government officials in the online question and answer session said producers will have to wait until Jan.1 for more information.
However, Erickson said farmers and ranchers are generally prepared and have a grasp on what’s coming.
“Anybody with numerous em-ployees (has) a fairly good idea of how the rules work and where they’re at,” he said.
“There’s also a lot of flexibility with seasonal employment in how we do wages and contracts, so I would only expect a few minor changes.”
As well, many producers on the online forum were curious about how vacation pay would work.
Williams said farmers and ranchers will be required to give workers statutory holiday pay whether they work the holiday or not.
If they don’t work the holiday, owners must pay the employee an amount that is at least 4.2 percent of their wage that was earned in the first four weeks before the holiday.
If the employee works the holiday, owners must pay them their typical wage, the additional 4.2 percent, and give them a holiday that would typically be a work day.
As well, workers must be paid at least minimum wage, but there won’t be any restrictions on how many hours they work in a day.
“If employees start at 5 a.m. and are working until 11 p.m. to get the crop off, that’s allowed,” Williams said. “There’s also no requirements for rest periods during a shift.”
That said, employees must be given at least four days of rest after working 28 consecutive days.
“Those breaks can be applied to when there’s rain-out during harvest or for a re-charge,” she said, adding that there will be no requirements to pay overtime.
“If you want to give a bonus after the busy calving season or harvest, that is your choice, and it could be a greater benefit.”
In terms of getting time off, workers will be entitled to two weeks of paid vacation after working with the farm or ranch for one year. Vacation pay is four percent of wages earned during the previous year.
If employees have worked on the farm for five consecutive years or more, they will be entitled to three weeks vacation and be paid six percent of wages earned during the previous year.
As well, employees are allowed unpaid, job-protected leaves such as parental or maternity leave, as well as leaves associated with compassionate care, bereavement, domestic violence, citizenship ceremony, critical child illness, long-term illness or injury, family responsibilities or death or disappearance of a child.
Employees are granted those leaves after working on the farm for more than 90 days.
If labourers ever need to file a complaint, they can do so by submitting one to Employment Standards. Officers with Employment Standards will then investigate and inspect the farm to see if the owner has contravened regulations.
As well, employers can fire an employee within 90 days without providing a reason. After that 90-day period, they must have documentation to prove the employee wasn’t fulfilling their duties, or they can do so if the employee did something extremely bad.
However, owners won’t be able to deduct from employee wages if the employee damages equipment or mistakes were made.
Meals and lodging can be deducted if that was agreed in writing.
“(For family members), “giving them a portion of the harvest is allowed,” WIlliams said.
“But when it comes to your own personal accounting, you might want to figure out a number for that.”
