WHAT ARE MY LABOUR RIGHTS in Nova Scotia?

This information is geared towards migrant workers in the Seasonal Agricultural Worker Program (SAWP).

Labour Standards in Nova Scotia

Labour Standards legislation establishes the minimum employment rules in Nova Scotia that employers and employees must follow. These rules include minimum standards for wages, deductions from pay, vacation pay, overtime pay, holidays with pay, leaves, ending employment, and other things. It is not legal for employers and employees to agree to terms, conditions, and benefits that offer less than the legislation offers. However, employers can give their employees greater benefits than those in the legislation. The Labour Standards Code provides employment protections for most employees in Nova Scotia, including workers from Mexico and the Caribbean Seasonal Agricultural Worker Program.

Labour Standards Rules for SAWP Workers

  1. minimum wage & piece work

    Minimum wage in Nova Scotia is $13.60. It will increase on April 1, 2023 to $14.50 and on October 1, 2023 to $15.00. SAWP workers who are paid on a piecework basis for work directly related to the harvesting of fruit, vegetables and tobacco must receive pay at least equal to the minimum wage.

  2. overtime pay

    Employers of farm workers are not required to pay overtime.

  3. Holidays

    Employers of farm workers are not required to give workers days off for holidays or holiday pay.

  4. days of rest

Employers of SAWP workers are required to give workers 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.

Making 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 No one is Illegal - Nova Scotia’s (NOII-NS) Migrant Workers Program. NOII-NS offers free and confidential support in English and Spanish.

Contact NOII-NS through WhatsApp +1 (902) 329-9595

Sources consulted

Government of Nova Scotia: Employment Rights: Farmworkers

Government of Nova Scotia: Labour Standards Code Guide

Government of Canada: Contract for the employment in Canada of commonwealth Caribbean seasonal agricultural workers – 2023

Government of Canada: Contract for the Employment in Canada of Seasonal Agricultural Workers from Mexico – 2023

The PDF brochure was created with support from the Atlantic Region Association of Immigrant Serving Agencies (ARAISA).