Forms of Payment
Farm workers who harvest specified crops by hand must be paid a minimum piece rate for each crop. 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. Vacation pay for piece-rate harvesters is included in the piece rates.
(adapted from the Government of British Columbia,
Farm Workers Fact Sheet, 2003, visited 2009-05-26)
"Payment or remuneration in kind refers to a payment - in general, wages or a payment for cultivation rights - made in the form of goods or services rather than in money."
(Food and Agriculture Organization of the United Nations (FAO),
Faoterm, visited 2006-06-20)
Generally speaking, and specifically so in Canada, farm workers are not entitled to overtime pay. However, a farm worker must not be made to work excessive hours, such as would be detrimental to his or her health or safety. Farm workers who are paid a salary or hourly rate are entitled to vacation time and vacation pay after one year of employment. If employment terminates before one year, a farm worker is entitled to a payout of gross earnings. Farm workers are excluded from statutory holiday pay.
(adapted from the Government of British Columbia,
Farm Workers Fact Sheet, 2003, visited 2009-05-26)
Regulation
In many countries,
agricultural wages are subject to regulation. For example, in Great Britain, the Agricultural Wages Board (AWB), an independent body, has a statutory obligation to set minimum wages for workers employed in agriculture in England and Wales. The Board also has discretionary powers to decide other terms and conditions of employment such as holidays and sick pay. The Agricultural Wages Order, the legally binding entity created through the Board, is enforced by the Department for Environment, Food and Rural Affairs (DEFRA) in England, and in Wales by the National Assembly for Wales Agricultural Department.
(adapted from the Department for Environment, Food and Rural Affairs,
Agricultural Wages Board for England and Wales, 2005, visited 2009-05-26)
In the United States, it is the Department of Labor's (DOL) Wage and Hour Division that determines the wages of agricultural workers through several laws. First, the Fair Labor Standards Act (FLSA) requires payment of no less than the federal minimum wage and restricts the hours (and occupations in which) youth may work. Secondly, the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) covers migrant and seasonal agricultural workers. Similar regulatory programs have been established for Canada and France.
(adapted from the U.S. Department of Labor,
Wages and Hours Worked: Wages in Agriculture, visited 2009-05-26)
Agricultural wages are quite often much lower than industrial wages and in many countries agricultural workers live in poverty. Among the factors which should be taken into consideration in setting minimum wage rates are the following: the cost of living, fair and reasonable value of services rendered, wages paid for similar or comparable work under collective bargaining agreements in agriculture, and the general level of wages for work of a comparable skill in other industries in the area where the workers are sufficiently organized.
(adapted from the International Labour Organisation (ILO),
R89 Minimum Wage Fixing Machinery (Agriculture) Recommendation, 1951, 2006, visited 2006-06-26)
