Are farm employees entitled to vacation pay? The employees are paid hourly, working between 50 to 60 hours a week.

Good morning - My name is ***** ***** I'm happy to assist you today. I am a licensed Ontario lawyer who is able to answer questions about employment law.

I am reviewing your question and will reply shortly.

No , farm workers are not entitled to vacation pay under the Ontario Employment Standards Act. They are entitled to equal pay for equal work though. Here is a link from Ontario's Employment Standard office which outlines the rights agricultural workers have :

https://www.ontario.ca/document/your-guide-employment-standards-act-0/agricultural-employees

Here is a link from the same site about what they are not entitled to :

https://www.ontario.ca/document/industries-and-jobs-exemptions-or-special-rules/agriculture-growing-breeding-keeping-and-fishing#section-0

I agree with you. Could your job be categorized as harvesters because under the Act, they have much more protection under the Act than farm workers

Equal pay for equal work means that employees who "substantially" do the same kind of work should be paid the same. Substantially does not have to mean identical but it requires the same level of skill, ability and responsibility and is done in the same place under the same working condition.

You could ask your employer for a review of your earnings and argue that you have a higher level of skill and ability than you newer more inexperienced coworkers.

I understand and it is not fair because farm workers are all lumped together under the ESA. As I said, you can ask your employer for a review of your skills and ability and to advocate for a seniority system whereby experience and higher level skill are recognized.