Answer: No. Absolutely not. Never.

A worker recently asked if it was okay to be paid less than minimum wage if they sign a contract that states they will only be paid for the trees they plant, even if their piece-rate adds up to less than what they would earn if they were paid minimum wage (plus overtime) for the hours they work in a pay period.

This is absolutely unacceptable. A worker cannot sign away their rights, and the Employment Standards Tribunal will automatically deem any such contract to be null and void, based on unenforceable terms. Any parts of the contract that are legal and fair will remain valid.

A worker may feel uneasy about making demands during the planting season for fear of being let go. However, they can make a claim within 6 months of being laid off to reclaim their rightfully earned wages. The worker may need to validate their claim, so having a journal or other record of production and hours worked is important. If multiple workers are affected by the same situation, filing their claims at the same time can greatly strengthen their case against the employer, and may lead to further penalties if the employer is found to be breaking the law.

While the majority of employers comply with the Employment Standards Act and Regulations, the few that break the law are using their unfair treatment of workers as a competitive advantage, and dragging down market conditions for everyone in the industry. Any worker who is treated unfairly should stand up for their rights and file a claim, so that any dishonest employer is held accountable and forced to compete on a level playing field with everyone else.