Farm Workers' Rights - Revision history

Elena Renderos at 05:20, 10 October 2023

2023-10-10T05:20:54Z

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	{{REVIEWEDPLS \| reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://mwcbc.ca/ Amanda Aziz], Migrant Workers Centre\|date= ~~July 2022~~}} {{Dial-A-Law TOC\|expanded = work}}		{{REVIEWEDPLS \| reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://mwcbc.ca/ Amanda Aziz], Migrant Workers Centre\|date= August 2021}} {{Dial-A-Law TOC\|expanded = work}}
	~~BC’s~~ main ~~employment standards~~ law ~~sets out rules employers must follow~~ in ~~paying their workers~~. ~~Some of these rules apply differently to farm workers~~. Learn ~~your~~ rights ~~around getting paid as a~~ farm ~~worker~~.		Farm workers are covered by most sections of the main provincial law that protects workers in BC. But there are exceptions. Learn how they affect the rights of farm workers.

	==Common questions==		==Common questions==
			===As a farm worker, am I protected by BC’s employment standards law?===
			'''Farm workers''' have rights under BC’s [http://canlii.ca/t/8405 ''Employment Standards Act''], the main law that protects workers. For the most part, farm workers have the same rights as other workers covered by this law. For example, they have the right to earn a minimum wage and get notice or pay if they’re fired. But there are some exceptions.

	~~===As a farm worker~~, ~~am I entitled to the minimum wage?===~~		For example, farm workers aren’t entitled to overtime pay. They’re also excluded from statutory holiday entitlements.
	~~Yes. All~~ farm workers ~~who are paid hourly, by salary, or by any other method (other than piece rate, explained below), are~~ entitled to ~~the general minimum wage. As of June 1, 2022, the general minimum wage is $15~~.~~65 per hour~~.

	~~The rules are a little different for~~ farm workers ~~who are paid by piece rate. Here, there are different minimum wage rates for each type of crop~~.		For more, see our [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ in-depth coverage].

	~~For more information~~, ~~see our~~ [~~https~~://~~www.peopleslawschool~~.ca/~~farm-workers-your-rights-around-getting-paid~~/ ~~in-depth coverage~~].		===I’m a farm worker. What are my options if my employer is violating my rights?===
			Farm workers (including temporary foreign workers) are covered by BC’s main employment standards law, the [http://canlii.ca/t/8405 ''Employment Standards Act'']. This law sets minimum standards for things like minimum wage and how much notice you’re entitled to. If your employer isn’t following the minimum standards under this law, you can file a complaint with the Employment Standards Branch.

	~~===As a farm worker, am I entitled to overtime pay?===~~		All workers have the right to be protected from '''discrimination''' at work. Your employer (or co-workers) cannot treat you differently based on certain protected characteristics. If they do, you may be able to start a human rights claim.
	~~No, farm~~ workers ~~are not entitled~~ to ~~overtime pay~~. ~~The law doesn’t limit the hours that farm workers can work, but it does say an~~ employer ~~[https://www.canlii.org/en/bc/laws/stat/rsbc~~-~~1996-c-113/latest/rsbc-1996-c-113~~.~~html#sec39_smooth cannot let~~ a ~~worker work excessive hours] or hours that could harm their health or safety~~.

	For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-~~around~~-~~getting-paid~~/ ~~getting paid~~ as a farm worker].		For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ your rights as a farm worker].

	===~~Are~~ farm ~~workers~~ entitled to ~~minimum daily pay~~?===		===As a farm worker, am I entitled to workers’ compensation benefits?===
	~~If a~~ farm labour ~~contractor takes~~ you ~~to a worksite and then there is no work~~, ~~the contractor must pay~~ you for ~~the longer of:~~		Yes. All BC employers — including farmers and farm labour contractors — must pay into the workers’ compensation program. If you’re hurt on the job or you get sick on the job, you can apply for benefits.

	* two hours, or		WorkSafeBC, the government office that administers the program, will assess your application and make a decision on your claim.
	* the ~~time it takes to go from~~ the ~~starting point to the worksite~~ and ~~back (or to another place that’s~~ a ~~similar distance and acceptable to you)~~.

	~~If work is not available because of bad weather or another cause beyond the control of the contractor~~, ~~you aren’t entitled to be paid~~.		For more, see our in-depth info on [https://www.peopleslawschool.ca/making-a-claim-for-workers-compensation/ making a claim for workers’ compensation].

	===~~Can~~ a farm ~~labour contractor deduct money from my wages for hiring me or finding me work~~?===		===As a farm worker, am I entitled to EI?===
	No. ~~A farm labour contractor~~ must ~~not charge~~ a ~~worker for hiring or obtaining work for that person~~.		Maybe. To be eligible, you must have worked a certain number of hours in a job covered by the employment insurance program.

	~~===Can~~ a ~~farm labour contractor charge me~~ for ~~gas~~, ~~travel costs, or GST?===~~		Generally, farm workers working under a contract of service for an employer are covered by the EI program. However, farm workers often have trouble getting EI benefits because they haven’t worked enough hours in a year to be eligible. The number of hours needed to make a claim varies, depending on where you live.
	~~No. An employer can’t require~~ a ~~worker~~ to ~~pay any portion~~ of ~~the employer’s cost of doing business. As well, an employer can’t deduct or offset~~ a ~~worker’s earnings except for statutory deductions required by law~~, ~~or with the written authorization of the worker~~.

	For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-~~around-getting~~-~~paid~~/ your rights ~~around getting paid~~ as a farm worker].		For more, see our in-depth info on [https://www.peopleslawschool.ca/applying-employment-insurance/ applying for EI].

			===What are my rights working for a farm labour contractor?===
			A farm labour contractor helps agricultural producers connect with and hire farm workers. Farm labour contractors must get a licence from the BC government and follow certain rules. They have to deposit money with the government to ensure they’ll follow these rules. The government can use this money to pay you if a farm labour contractor hasn’t paid you for work you’ve done.

			Farm labour contractors must keep records that show:

			* the dates you work,
			* the type of crops you pick each day, and
			* the amount of crops you pick each day.

			As well, all vehicles used to take you to a job site must be maintained to certain safety standards.

			For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ your rights as a farm worker].

	==Who can help==		==Who can help==
	===Helpful agencies===		===Helpful agencies===
			:Employment Standards Branch
	:~~'''~~Employment Standards Branch~~'''~~
	:Administers the law in BC that sets minimum standards for workers.		:Administers the law in BC that sets minimum standards for workers.
	:Call 1-800-663-3316		:Call 1-800-663-3316

Elena Renderos at 02:52, 10 October 2023

2023-10-10T02:52:11Z

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Elena Renderos at 04:42, 7 November 2020

2020-11-07T04:42:56Z

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Elena Renderos: Elena Renderos moved page Farm Workers' Rights (No. 274) to Farm Workers' Rights: Removing recording numbers from page names

2020-09-12T04:47:01Z

Elena Renderos moved page Farm Workers' Rights (No. 274) to Farm Workers' Rights: Removing recording numbers from page names

← Older revision	Revision as of 04:47, 12 September 2020
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Drew Jackson at 22:14, 29 March 2019

2019-03-29T22:14:25Z

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	{{REVIEWEDPLS \| reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch\|date= January 2018}} {{Dial-A-Law TOC\|expanded = work}}		{{REVIEWEDPLS \| reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch\|date= January 2018}} {{Dial-A-Law TOC\|expanded = work}}
	Farm workers are covered by most sections of the main provincial law that protects workers in BC. But there are exceptions. Learn how they affect the rights of farm workers.		Farm workers are covered by most sections of the main provincial law that protects workers in BC. But there are exceptions. Learn how they affect the '''rights of farm workers'''.

	==Understand the legal framework==		==Understand the legal framework==
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	:Web: [http://gov.bc.ca/employmentstandards gov.bc.ca/employmentstandards]		:Web: [http://gov.bc.ca/employmentstandards gov.bc.ca/employmentstandards]



	~~[updated January 2018]~~

	'''The above was last reviewed for legal accuracy by [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch.'''

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Elena Renderos at 06:19, 29 March 2019

2019-03-29T06:19:28Z

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	{{~~Dial~~-A-~~Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Jennifer Hagen], Employment Standards Branch\|date= January 2018}} {{Dial-A-Law TOC\|expanded = work}}

	{{Dial-A-Law TOC\|expanded = ~~employment~~}}
	Farm workers are covered by most sections of the main provincial law that protects workers in BC. But there are exceptions. Learn how they affect the rights of farm workers.		Farm workers are covered by most sections of the main provincial law that protects workers in BC. But there are exceptions. Learn how they affect the rights of farm workers.

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	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Our information on [[Farm Workers' Wages (~~Script~~ 273)\|farm workers’ wages (no. 273)]] provides more detail on wages, including minimum wage, how often wages must be paid, and overtime pay.		Our information on [[Farm Workers' Wages (No. 273)\|farm workers’ wages (no. 273)]] provides more detail on wages, including minimum wage, how often wages must be paid, and overtime pay.
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	*apply for benefits to [https://www.worksafebc.com/en/claims/report-workplace-injury-illness/how-workers-report-workplace-injury-illness Work Safe BC].		*apply for benefits to [https://www.worksafebc.com/en/claims/report-workplace-injury-illness/how-workers-report-workplace-injury-illness Work Safe BC].

	There are time limits to apply for benefits — see our information on [[Workers' Compensation (~~Script~~ 285)\|workers’ compensation (no. 285)]] for details.		There are time limits to apply for benefits — see our information on [[Workers' Compensation (No. 285)\|workers’ compensation (no. 285)]] for details.

	The employer must send a report to Work Safe BC to say a worker has been hurt on the job or gotten sick on the job because of their work. Work Safe BC’s number is 1-888-621-7233.		The employer must send a report to Work Safe BC to say a worker has been hurt on the job or gotten sick on the job because of their work. Work Safe BC’s number is 1-888-621-7233.
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	When you leave a job, ask your employer for your '''Record of Employment''', also known as a “separation slip”. You can apply for Employment Insurance even if you don't have your records of employment, but it makes things much easier if you do. The Canada Employment Centre may be able to help you if you can’t get your Record of Employment.		When you leave a job, ask your employer for your '''Record of Employment''', also known as a “separation slip”. You can apply for Employment Insurance even if you don't have your records of employment, but it makes things much easier if you do. The Canada Employment Centre may be able to help you if you can’t get your Record of Employment.

	See our information on [[Applying for Employment Insurance Benefits (~~Script~~ 282)\|applying for Employment Insurance benefits (no. 282)]] for more information on EI.		See our information on [[Applying for Employment Insurance Benefits (No. 282)\|applying for Employment Insurance benefits (no. 282)]] for more information on EI.

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	As well, all workers have the right to work free from '''sexual harassment'''. Sexual harassment means any unwelcome sexual behavior that affects your working conditions.		As well, all workers have the right to work free from '''sexual harassment'''. Sexual harassment means any unwelcome sexual behavior that affects your working conditions.

	For more details, see our information on [[Protection Against Job Discrimination (~~Script~~ 270)\|protection against job discrimination (no. 270)]], and [[Sexual Harassment (~~Script~~ 271)\|sexual harassment (no. 271)]].		For more details, see our information on [[Protection Against Job Discrimination (No. 270)\|protection against job discrimination (no. 270)]], and [[Sexual Harassment (No. 271)\|sexual harassment (no. 271)]].

	If you have a complaint about discrimination or sexual harassment, you can call the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] at 604-775-2000 in the Lower Mainland or 1-888-440-8844 elsewhere in BC.		If you have a complaint about discrimination or sexual harassment, you can call the [http://www.bchrt.bc.ca/ BC Human Rights Tribunal] at 604-775-2000 in the Lower Mainland or 1-888-440-8844 elsewhere in BC.
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Drew Jackson: Drew Jackson moved page Farm Workers' Rights (Script 274) to Farm Workers' Rights (No. 274): align with new Dial-A-Law website

2019-03-22T00:08:27Z

Drew Jackson moved page Farm Workers' Rights (Script 274) to Farm Workers' Rights (No. 274): align with new Dial-A-Law website

← Older revision	Revision as of 00:08, 22 March 2019
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Dial-A-Law at 06:24, 27 February 2019

2019-02-27T06:24:49Z

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Dial-A-Law: /* For more information */

2018-01-30T21:56:29Z

For more information

← Older revision		Revision as of 21:56, 30 January 2018
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	You can appeal most government decisions. There are usually time limits for appeals. Get information about appeals from the government agency whose decision you want to appeal. In the lower mainland and some other communities, you can get help from law clinics run by law students.		You can appeal most government decisions. There are usually time limits for appeals. Get information about appeals from the government agency whose decision you want to appeal. In the lower mainland and some other communities, you can get help from law clinics run by law students.

	==~~For more~~ information==		==More information==
	*Check script [[Farm Workers' Wages (Script 273)\|273]], called “Farm Workers’ Wages” for the rules on farm worker wages (or pay), including minimum wages, how often wages must be paid, overtime pay, farm labour contractors, and payroll records.		*Check script [[Farm Workers' Wages (Script 273)\|273]], called “Farm Workers’ Wages” for the rules on farm worker wages (or pay), including minimum wages, how often wages must be paid, overtime pay, farm labour contractors, and payroll records.

Dial-A-Law at 21:56, 30 January 2018

2018-01-30T21:56:16Z

← Older revision		Revision as of 21:56, 30 January 2018
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	This script explains the following topics:		This script explains the following topics:
	*Who is a farm worker		*Who is a farm worker
	*Public holidays		*Public (statutory) holidays
	*Vacation pay		*Vacation pay
	*Complaints against an employer		*Complaints against an employer
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	==Is there a time limit for filing a complaint?==		==Is there a time limit for filing a complaint?==
	~~Yes – 6~~ months. When the 6 months starts to count depends on whether you are still an employee.		Yes—6 months. When the 6 months starts to count depends on whether you are still an employee.

	If you are still working for the employer, you have 6 months from when the problem occurred to file a complaint. Because the Branch can go back only 6 months from when you file, if you delay in filing, you risk losing what you may have been entitled to.		If you are still working for the employer, you have 6 months from when the problem occurred to file a complaint. Because the Branch can go back only 6 months from when you file, if you delay in filing, you risk losing what you may have been entitled to.
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	If you are no longer working for the employer, you have only 6 months from your last day of employment to file a complaint with the Branch. The Branch can then recover wages owing from the last 6 months you worked for the employer.		If you are no longer working for the employer, you have only 6 months from your last day of employment to file a complaint with the Branch. The Branch can then recover wages owing from the last 6 months you worked for the employer.

	If you miss the 6-month time limit for filing with the Branch, and it does not accept your late complaint, you may be able to sue in ~~court – but~~ only for unpaid wages and severance pay. You cannot sue in court for vacation pay or statutory holiday ~~pay – unless~~ they were in your employment contract. But there are also time limits for going to ~~court – you~~ should see a lawyer in this case.		If you miss the 6-month time limit for filing with the Branch, and it does not accept your late complaint, you may be able to sue in court—but only for unpaid wages and severance pay. You cannot sue in court for vacation pay or statutory holiday pay—unless they were in your employment contract. But there are also time limits for going to court—you should see a lawyer in this case.

	==Workers' Compensation==		==Workers' Compensation==
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	#apply for benefits to WorkSafeBC. There are time limits to apply. Check script [[Workers' Compensation (Script 285)\|285]] for details.		#apply for benefits to WorkSafeBC. There are time limits to apply. Check script [[Workers' Compensation (Script 285)\|285]] for details.

	Your employer ~~has to~~ send a report to WorkSafe BC to say you’ve been hurt on the job or you’ve gotten sick on the job because of your work. If your employer disappears or won't file a report immediately, call WorkSafe BC to report the accident or illness. The number is 1.888.621.7233 Monday to Friday, 8:30 am to 4:30 pm. After hours, call 1.866.922.4357. Don't rely on your employer or doctor to do this.		Your employer must send a report to WorkSafe BC to say you’ve been hurt on the job or you’ve gotten sick on the job because of your work. If your employer disappears or won't file a report immediately, call WorkSafe BC to report the accident or illness. The number is 1.888.621.7233 Monday to Friday, 8:30 am to 4:30 pm. After hours, call 1.866.922.4357. Don't rely on your employer or doctor to do this.

	WorkSafe BC also has rules on occupational health and safety. For more information, check script [[Workers' Compensation (Script 285)\|285]], called “Workers’ Compensation” and the [http://www.worksafebc.com/ WorkSafeBC website].		WorkSafe BC also has rules on occupational health and safety. For more information, check script [[Workers' Compensation (Script 285)\|285]], called “Workers’ Compensation” and the [http://www.worksafebc.com/ WorkSafeBC website].
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	Farm workers often have trouble getting employment insurance benefits because they may not work enough hours in a year to be eligible. The number of hours you need to make a claim changes, depending on where you live.		Farm workers often have trouble getting employment insurance benefits because they may not work enough hours in a year to be eligible. The number of hours you need to make a claim changes, depending on where you live.

	Keep your own, up-to-date pay ~~records – they~~ will help if your employer hasn’t kept good records. When you leave each job, ask your employer for your “Record of Employment”, also known as a “separation slip”. You can apply for employment insurance even if you don't have all your employment records from all your employers. Check script [[Applying for Employment Insurance Benefits (Script 282)\|282]], called “Applying for Employment Insurance Benefits”, for more information. The Canada Employment Centre may be able to help you if you can’t get your Record of Employment.		Keep your own, up-to-date pay records—they will help if your employer hasn’t kept good records. When you leave each job, ask your employer for your “Record of Employment”, also known as a “separation slip”. You can apply for employment insurance even if you don't have all your employment records from all your employers. Check script [[Applying for Employment Insurance Benefits (Script 282)\|282]], called “Applying for Employment Insurance Benefits”, for more information. The Canada Employment Centre may be able to help you if you can’t get your Record of Employment.

	==Canada Pension Plan disability benefits==		==Canada Pension Plan disability benefits==
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	*Check script [[Farm Workers' Wages (Script 273)\|273]], called “Farm Workers’ Wages” for the rules on farm worker wages (or pay), including minimum wages, how often wages must be paid, overtime pay, farm labour contractors, and payroll records.		*Check script [[Farm Workers' Wages (Script 273)\|273]], called “Farm Workers’ Wages” for the rules on farm worker wages (or pay), including minimum wages, how often wages must be paid, overtime pay, farm labour contractors, and payroll records.

	*Check the [https://~~www.labour~~.gov.bc.ca/~~esb~~/~~welcome.htm~~ Employment Standards Branch website] for fact sheets on [https://~~www.labour~~.gov.bc.ca/~~esb~~/~~facshts~~/~~farm_worker.htm~~ farm workers] and [https://~~www.labour~~.gov.bc.ca/~~esb~~/~~facshts~~/~~farm_labour_contractors.htm~~ farm labour contractors]. The fact sheets come in English, Punjabi, French and Spanish.		*Check the [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Employment Standards Branch website] for fact sheets on [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/farm-workers farm workers] and [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/farm-labour-contractors farm labour contractors]. The fact sheets come in English, Chinese, Japanese, Korean, Punjabi, Vietnamese, Filipino, French and Spanish.

	*You can also call the Agricultural Compliance Hotline at 604.513.4604. Or phone the Branch at 1.800.663.3316, or 250.612.4100 in the Prince George area. The Branch website lists the [~~http~~://~~www.labour~~.gov.bc.ca/~~esb~~/contact~~/welcome.htm location of the nearest~~ Branch office].		*You can also call the Agricultural Compliance Hotline at 604.513.4604. Or phone the Branch at 1.800.663.3316, or 250.612.4100 in the Prince George area. The Branch website lists the location of the nearest [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/contact-us Branch office].


	[updated ~~November 2015~~]		[updated January 2018]

	'''The above was last reviewed for accuracy ~~by Jennifer Hagen~~ and edited by John Blois.'''		'''The above was last reviewed for accuracy and edited by John Blois.'''
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