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Difference between revisions of "Farm Workers' Rights"
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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. | |||
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 | 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 | 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 | 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:// | *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 [ | *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 | [updated January 2018] | ||
'''The above was last reviewed for accuracy | '''The above was last reviewed for accuracy and edited by John Blois.''' | ||
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