Fishing Industry

 

Some groups of workers employed in the fishing industry are exempt from various provisions of the Labour Standards Code. This means that certain employment rules set out in the Code do not apply to these workers. The workers affected by the exemptions include:

1. Employees engaged in work which involves the primary processing of fish
2. Employees who work on and/or operate fishing boats

 

1. Employees engaged in work which involves the primary processing of fish

Under the Labour Standards Code, many employers have to pay their employees overtime pay at a rate of 1 ½ times their regular rate of pay for hours worked in excess of 48 hours in a seven day period. Employers do not have to pay employees, who work in jobs involving primary fish processing, overtime at 1 ½ times the employee's regular rate of pay. Employers, must, however, ensure that such employees are paid at least t 1 ½ times the minimum wage for any over time hours worked. Refer to the General Labour Standard Code Regulations, section 2(4)(k) and the Minimum Wage Order (General).

A primary fish processor may be defined as:

Any person whose work is directly related to processing fish product in its "raw" form. For example, employees who work in aquaculture, who work on wharves to load/unload raw fish from fishing boats, who transport raw fish to a plant and who work at a plant processing raw fish would all likely fall under this definition.

The remainder of the provisions under the Code, such as those dealing with notice of termination of employment, vacation leave/vacation pay, holiday pay, a day of rest, pregnancy/parental leave, and other rules, apply to workers in primary fish processing as they do to most other employees.

 

2. Employees who work on and/or operate fishing boats

Under the Labour Standards Code and Regulations employers are not required to provide these employees with:

• vacation leave and vacation pay
• holiday pay
• overtime pay (either at 1 ½ times the employee's regular rate of pay or at 1 ½ times the minimum wage rate)
• a minimum wage
• a day of rest
• notice when the employer decides to end the employee's employment

Note: Employees who fall under this category of workers would not have to give their employer notice before quitting their job.

Refer to the General Labour Standard Code Regulations, section 2(4)(d) and the Minimum Wage Order (General)

Please Note: Other provisions of the Code do apply to employees who work on and/or operate fishing boats, such as those dealing with the employer's obligation to pay employees wages earned and those dealing with leaves of absences like pregnancy/parental leave, compassionate care leave, sick leave, bereavement leave and court leave.