Farm Workers' Rights: Difference between revisions

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{{DEMOWARNING}}
{{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}}
{{Dial-A-Law Blurb}}
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.


This script explains the following topics:
==Common questions==
*Who is a farm worker
===As a farm worker, am I protected by BC’s employment standards law?===
*Public holidays
'''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.
*Vacation pay
*Complaints against an employer
*Workers’ compensation
*Employment Insurance
*Canada Pension Plan disability benefits
*Sexual harassment and discrimination at work


The ''Employment Standards Act'' is the provincial law that sets working conditions and protects workers not in unions. It’s available at [http://www.bclaws.ca www.bclaws.ca].
For example, farm workers aren’t entitled to overtime pay. They’re also excluded from statutory holiday entitlements.


The Act also sets the minimum wages for workers, including farm workers. For information about farm worker wages, check script [[Farm Workers' Wages (Script 273)|273]], called “Farm Workers’ Wages”.
For more, see our [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ in-depth coverage].


For farm workers, there are no rules about meal breaks, split shifts, hours of work and overtime, or shift-change notices. But rules for maternity, family and other leaves, and rules if an employer fires or lays off an employee, are the same as rules for other employees.
===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.


==Who is a farm worker?==
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.
A farm worker is a person who works in a farming, ranching, orchard, or agricultural operation. If you are hired to help grow or pick crops, cultivate land, or raise animals, you are a farm worker. You are also a farm worker if you clean, size, grade, box, or package fruits, vegetables, or other crops. But you are not a farm worker if you process food products, breed pets, work in forestry, aquaculture, or in a retail nursery, or work as a landscape gardener.


==Do farm workers get statutory (public) holidays?==
For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ your rights as a farm worker].
No, farm workers do not get statutory holiday pay or time off with pay for the 10 statutory holidays in BC.


==Do farm workers get vacation pay?==
===As a farm worker, am I entitled to workers’ compensation benefits?===
Yes. If you're paid by the piece, the piece rate includes 4% vacation pay – unless you are picking daffodils: in that case, the piece rate does not include vacation pay so you get an extra 4% on your pay cheque.
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.


If you’re paid by the hour, and you work at least 5 days in a year for the same employer, you get vacation pay of 4% of total yearly earnings. Employers can add 4% of earnings to each pay cheque (if you approve in writing) or pay you a lump-sum when you go on vacation or when your job ends. After one year of continuous employment with the same employer, you also get 2 weeks’ vacation. After 5 years of continuous employment with the same employer, you get vacation pay of 6% of total yearly earnings and 3 weeks’ vacation.
WorkSafeBC, the government office that administers the program, will assess your application and make a decision on your claim.


==If you have a complaint with your employer==
For more, see our in-depth info on [https://www.peopleslawschool.ca/making-a-claim-for-workers-compensation/ making a claim for workers’ compensation].
If your employer does not follow the rules in the ''Employment Standards Act'', you can complain to the BC Employment Standards Branch (the Branch). There’s no charge to file a complaint. But first, talk to your employer and try to solve the problem. If you can’t solve the problem with your employer, talk to the Branch right away.


You can file a complaint with the Branch in any of the following ways:
===As a farm worker, am I entitled to EI?===
*fill out the online complaint form at www.labour.gov.bc.ca/esb/forms/esb_comp.htm.
Maybe. To be eligible, you must have worked a certain number of hours in a job covered by the employment insurance program.
*print the complaint form from the Branch website, fill it out, and then mail or fax it, or drop it off at the Branch office nearest you.
*fill out the form at the Branch office nearest you. A list of Branch offices is at www.labour.gov.bc.ca/esb/contact/welcome.htm. You can also request the form by calling the Employment Standards Information Line at 1.800.663.3316 or 250.612.4100 in the Prince George area.


You can tell the Branch you do not want your employer to know that you complained. But normally, the Branch will not be able to keep that information from the employer. It will come out during the investigation.
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.


==Is there a time limit for filing a complaint?==
For more, see our in-depth info on [https://www.peopleslawschool.ca/applying-employment-insurance/ applying for EI].
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.
===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.


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.
Farm labour contractors must keep records that show:


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


==Workers' Compensation==
As well, all vehicles used to take you to a job site must be maintained to certain safety standards.
Workers' Compensation, now called WorkSafe BC, pays workers who are hurt on the job or get sick because of something that happened at work. Employers, including farmers and farm labour contractors, must pay into the plan for all their employees.


If you're hurt on the job, or get sick because of your job, you should immediately:
For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ your rights as a farm worker].
*report your injury or illness to your employer or someone in charge
*tell your employer and your doctor (if you need a doctor) that you will be claiming Workers’ Compensation
 
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.
 
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 Board’s website at www.worksafebc.com.
 
==Employment Insurance==
You may be able to get employment insurance payments if you can’t find work or if you are sick or pregnant. You pay for employment insurance with money deducted from your pay cheque.
 
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.
 
==Canada Pension Plan disability benefits==
If you paid into the Canada Pension Plan and you develop a severe and long-term disability that prevents you from working, the plan pays you and your dependent children a monthly pension. You can get these benefits until you are 65. Normally, you must have contributed to the Canada Pension Plan for 4 of the past 6 years, but there are many exceptions and you may qualify even if you haven’t done this. Call Employment and Social Development Canada at 1.800.277.9914 for more information on Canada Pension Plan disability benefits. Or check its website at [http://www.hrsdc.gc.ca www.hrsdc.gc.ca] and search for “pensions”.
 
==Sexual harassment and discrimination at work==
All workers have the right to work free from sexual harassment. Sexual harassment means any unwelcome sexual behavior that affects your working conditions. And all workers have the right to be treated fairly and not be discriminated against. If you have a complaint about sexual harassment or discrimination, you can call the BC Human Rights Tribunal at 604.775.2000 in the lower mainland or 1.888.440.8844 elsewhere in BC. Or check its website at www.bchrt.bc.ca. Also, check script 270, called “Protection Against Job Discrimination”, and script [[Sexual Harassment (Script 271)|271]], called “Sexual Harassment”.
 
==Appeals==
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==
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 Employment Standards Branch website at [http://www.labour.gov.bc.ca/esb www.labour.gov.bc.ca/esb]. Click “Specific Industries” and then “Agriculture”, for fact sheets on farm workers and farm labour contractors. The fact sheets come in English, Punjabi, 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. And for the location of the nearest Branch office, check [http://www.labour.gov.bc.ca/esb/contact/welcome.htm www.labour.gov.bc.ca/esb/contact/welcome.htm].
 
 
[updated January 2014]
 
 
----
----


==Who can help==
===Helpful agencies===
:Employment Standards Branch
:Administers the law in BC that sets minimum standards for workers.
:Call 1-800-663-3316
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Visit website]


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Latest revision as of 05:20, 10 October 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Richard Johnson, Ascent Employment Law and Amanda Aziz, Migrant Workers Centre in August 2021.
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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

As a farm worker, am I protected by BC’s employment standards law?

Farm workers have rights under BC’s 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.

For example, farm workers aren’t entitled to overtime pay. They’re also excluded from statutory holiday entitlements.

For more, see our 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 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.

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.

For more, see our in-depth info on your rights as a farm worker.

As a farm worker, am I entitled to workers’ compensation benefits?

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.

WorkSafeBC, the government office that administers the program, will assess your application and make a decision on your claim.

For more, see our in-depth info on making a claim for workers’ compensation.

As a farm worker, am I entitled to EI?

Maybe. To be eligible, you must have worked a certain number of hours in a job covered by the employment insurance program.

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.

For more, see our in-depth info on 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 your rights as a farm worker.

Who can help

Helpful agencies

Employment Standards Branch
Administers the law in BC that sets minimum standards for workers.
Call 1-800-663-3316
Visit website
v • d • e
 
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