WHAT ARE MY LABOUR RIGHTS in Nova Scotia?
This information is geared towards migrant workers in the Seasonal Agricultural Worker Program (SAWP).
This information was last updated on April 21, 2025
Labour Standards in Nova Scotia
The Labour Standards Code provides basic employment protections for most workers in Nova Scotia, including migrant workers. It sets out the minimum rules that employers and employees must follow in areas such as wages, deductions from pay, vacation and holiday pay, overtime, leaves, and termination of employment.
Employers and employees cannot agree to terms or conditions that provide less than what the legislation guarantees. However, employers are permitted to offer greater benefits than those required under the law.
What are the rules regarding minimum wage and piece work?
As of April 1, 2025, employers must pay employees at least $15.70 per hour. As of October 1, 2025, the minimum wage will rise to $16.50 per hour. There are exceptions to the minimum wage in certain industries, which can be found at: https://novascotia.ca/lae/employmentrights/minimumwage.asp
Farm workers paid on a piecework basis for harvesting fruit, vegetables, or tobacco are generally not required to receive minimum wage. However, agricultural workers in Nova Scotia employed through the Seasonal Agricultural Workers Program (SAWP) and paid on a piecework basis must be paid at least the minimum wage for every hour worked.
What are the rules regarding overtime pay?
The general rule for overtime is that employees are entitled to 1½ times their regular wage for each hour worked beyond 48 hours in a week. However, certain groups of employees are subject to special rules and exceptions under wage orders, which are outlined here: https://novascotia.ca/lae/employmentrights/overtime.asp. For example, employers of farm workers are not required to pay overtime.
What are the rules regarding holidays?
Most employees are entitled to receive 6 paid holidays a year if they meet the qualifying criteria. These holidays are New Years Day, Nova Scotia Heritage Day, Good Friday, Canada Day, Labour Day and Christmas Day. A separate law covers Remembrance Day. More information on the qualifying criteria can be found here: https://novascotia.ca/lae/employmentrights/holidaypay.asp#qWhoqualifies
However, certain groups of employees are not eligible for paid holidays. For example, employers of farm workers are not required to give workers days off for holidays or holiday pay.
What are the rules regarding days of rest?
Most employees are entitled to receive at least one day off in every period of seven days so that they do not work more than 6 consecutive days without a period of rest of at least 24 consecutive hours.
Agricultural workers in Nova Scotia employed under the SAWP must receive at least one day off every seven days. However, where the urgency to finish farm work cannot be delayed, the employer may request the worker's consent to postpone that day until a mutually agreeable date.
Are there any special protections for migrant workers?
In 2011, new rules were added to the Code to improve protections for migrant workers. These are some examples:
An employer of a migrant worker cannot reduce or eliminate the terms or conditions (e.g., wages, hours of work) of a foreign worker’s employment, regardless of whether the worker agrees to the change. There are narrow exceptions to this rule.
An employer or a recruiter cannot take or keep a migrant worker’s property, e.g., a migrant worker’s passport or work permit.
An employer or a recruiter cannot charge a worker, directly or indirectly, fees for assisting in finding the worker employment.
For more information, visit: https://novascotia.ca/lae/employmentrights/FW/ForeignWorkers_LabourStandardsCode.asp
How can I make a complaint?
If your labour rights have been violated, you have the right to make a complaint to seek remedy. You must make a complaint within six months of the violation which will then be reviewed before a decision is made. If you have questions or would like to make a complaint, you can contact Labour Standards of Nova Scotia, which offers services in English and French. If you require services in another language, you must call with your own translator.
E-mail: lstfwp@novascotia.ca
Telephone: 902-424-4311
Need Support?
If you need support making a Labour Standards complaint, you can contact the Centre for Migrant Worker Rights Nova Scotia (CMWR NS). We offer free and confidential support in English and Spanish.
Contact CMWR NS through WhatsApp: +1 (902) 329-9595
References
Government of Nova Scotia: Employment Rights: Farmworkers
Government of Nova Scotia: Labour Standards Code Guide
Contract for the employment in Canada of Commonwealth Caribbean Seasonal Agricultural Workers - 2025
Contract for the Employment in Canada of Seasonal Agricultural Workers from Mexico – 2025