Difference between revisions of "Farm Workers' Rights"

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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= August 2021}} {{Dial-A-Law TOC|expanded = work}}
 
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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.
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==
==Common questions==
 
===As a farm worker, am I protected by BC’s employment standards law?===
===Who is considered a farm worker under the 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.
Under the [http://canlii.ca/t/85mz law in BC], a '''farm worker''' is a person who works in a farming, ranching, orchard, or agricultural operation, and whose main responsibilities are:
*growing or picking crops, or raising or slaughtering animals,
*cultivating land,
*using farm equipment,
*cleaning, sorting, or packing crops, or
*selling farm products on site. 
 
A farm worker does not include a worker who processes the products of an operation, works in aquaculture or a retail nursery, or works as a landscape gardener.
 
===Farm workers’ rights under BC’s main employment law===
Farm workers are covered by most sections of the ''[http://canlii.ca/t/8405 Employment Standards Act]'', the main provincial law that protects workers in BC and sets minimum standards employers must meet. But there are exceptions.
 
For example, farm workers are excluded from '''statutory holiday''' entitlements. They don’t get statutory holiday pay or time off with pay for the 10 statutory holidays in BC.
 
Another, more nuanced example deals with '''vacation pay'''. Most workers in BC are entitled to an extra 4% or 6% of earnings, to provide them with pay while absent during vacation. (The percentage depends on how many years they’ve worked.)
 
Farm workers paid by the hour or by a salary are entitled to vacation pay, as well as vacation leave. They’re entitled to two weeks’ vacation per year after working for 12 consecutive months, and three weeks’ vacation per year after five years of employment.
 
Meanwhile, farm workers who harvest specific crops by hand may be paid by the '''piece'''. Farm workers paid by piece rate are not entitled to vacation pay, as it’s included in the piece rate. (The exception is for farm workers harvesting daffodils — the piece rate for them does not include vacation pay.)
 
{| class="wikitable"
|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.
|}
 
===If an employer doesn’t follow the minimum standards===
If an employer doesn’t follow the rules in the ''[http://canlii.ca/t/8405 Employment Standards Act]'', a worker can '''complain''' to the Employment Standards Branch. The Branch is the government office that enforces the Act.  


There’s no charge to make a complaint. But first, a worker must try to resolve the problem directly with their employer by using the Branch’s [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/info-forms/self-help-kit self-help kit]. If they can’t solve the problem with their employer, they can file a complaint with the Branch in any of the following ways:
For example, farm workers aren’t entitled to overtime pay. They’re also excluded from statutory holiday entitlements.
*By filling out the online [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/info-forms/forms-complaint-submission/complaint-submission complaint form].
*By printing the [https://www2.gov.bc.ca/assets/gov/employment-business-and-economic-development/employment-standards-workplace-safety/employment-standards/forms/pdfs/complaint.pdf complaint form] from the Branch website, filling it out, and mailing or faxing it, or dropping it off at a Branch office.
*By filling out the complaint form at a [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/contact-us Branch office].


To contact the Branch, call 1-800-663-3316 or visit [http://gov.bc.ca/employmentstandards gov.bc.ca/employmentstandards].  
For more, see our [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ in-depth coverage].


{| class="wikitable"
===I’m a farm worker. What are my options if my employer is violating my rights?===
|align="left"|'''Tip'''
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.
You have six months to file a complaint from the time the problem took place or your employment ended. If you miss the six-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.
|}


===Farm workers are eligible for workers' compensation benefits===
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.
'''Workers' compensation''' is a BC government program that pays workers who are hurt on the job or get sick because of something that happened at work. The program is run by [http://www.worksafebc.com/ Work Safe BC]. Employers, including farmers and farm labour contractors, must pay into the program for all their workers.


If a farm worker is hurt on the job, or gets sick because of their job, they 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 the injury or illness to their employer or someone in charge,
*tell their employer and doctor (if they need a doctor) that they will be applying for workers’ compensation benefits, and
*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.  
===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.


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


WorkSafe BC also has rules on occupational health and safety. For more information, see the Work Safe BC website at [http://www.worksafebc.com/ worksafebc.com].
For more, see our in-depth info on [https://www.peopleslawschool.ca/making-a-claim-for-workers-compensation/ making a claim for workers’ compensation].


===Farm workers may be eligible for Employment Insurance benefits===
===As a farm worker, am I entitled to EI?===
Farm workers may be able to get '''Employment Insurance''' benefits if they can’t find work or if they are sick or pregnant. Workers contribute to Employment Insurance with money deducted from their paycheque.
Maybe. To be eligible, you must have worked a certain number of hours in a job covered by the employment insurance program.


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 needed to make a claim varies, depending on where a worker lives.
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.


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.
For more, see our in-depth info on [https://www.peopleslawschool.ca/applying-employment-insurance/ applying for EI].


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


{| class="wikitable"
Farm labour contractors must keep records that show:
|align="left"|'''Tip'''
Keep your own, up-to-date records of the hours you work — these records will help in applying for Employment Insurance benefits if your employer hasn’t kept good records.
|}


===Farm workers may be eligible for Canada Pension Plan disability benefits===
* the dates you work,
If a farm worker paid into the '''Canada Pension Plan''' and develops a severe and long-term '''disability''' that prevents them from working, the plan pays them and their dependent children a monthly pension.  
* the type of crops you pick each day, and
* the amount of crops you pick each day.


You can get these benefits until you are age 65. Normally, you must have contributed to the Canada Pension Plan for four of the past six years, but there are exceptions and you may qualify even if you haven’t done this.  
As well, all vehicles used to take you to a job site must be maintained to certain safety standards.


Call Employment and Social Development Canada at 1-800-277-9914 or visit [http://www.servicecanada.gc.ca/eng/services/pensions/cpp/disability/index.shtml canada.ca/cpp] for more information on Canada Pension Plan disability benefits.
For more, see our in-depth info on [https://www.peopleslawschool.ca/farm-workers-your-rights-at-work/ your rights as a farm worker].


===If a worker is subjected to discrimination or sexual harassment===
==Who can help==
All workers have the right to be treated fairly and not be '''discriminated''' against.
===Helpful agencies===
 
:Employment Standards Branch
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.
:Administers the law in BC that sets minimum standards for workers.
 
:Call 1-800-663-3316
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)]].
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Visit website]
 
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.
 
==Get help==
 
===With appeals===
You can appeal most government decisions, such as a decision to deny benefits. An '''advocate''' can help you with challenging a government decision, including with the paperwork involved. PovNet has a [http://www.povnet.org/find-an-advocate/bc Find an Advocate Map at povnet.org]. Clicklaw’s [http://www.clicklaw.bc.ca/helpmap HelpMap] lists dozens of legal advocates in BC.
 
At '''student legal clinics''' in the Lower Mainland and Victoria, law students help people who cannot afford a lawyer. In Victoria, call 250-385-1221 or visit [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre]. In the Lower Mainland, call 604-822-5791 or visit [http://www.lslap.bc.ca/ lslap.bc.ca].
 
===More information===
The '''Employment Standards Branch''' is the provincial government office that administers the BC law that sets minimum standards for workers. The Branch website includes fact sheets on [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/farm-labour-contractors farm labour contractors] and [https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/farm-labour-contractors farm workers], in several languages other than English. You can also call the Branch’s '''Agricultural Compliance Hotline''' at 604-513-4604.  
:Toll-free: 1-800-663-3316
: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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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
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