application for farm labour contractor …...8. a corporation that is licensed as a farm labour...

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Ministry of Labour Employment Standards Act OFFICE USE ONLY ER No. Assign. No. Officer APPLICATION FOR FARM LABOUR CONTRACTOR LICENCE NOTE: Once licensed, your name, address, contact information and number of bonded employees will be published on our website. Please ensure all of your information is accurate and ALL required information and documents including your application fee, security payment, signed, dated and witnessed Release of Information, WorkSafe number and clearance letter, and proof of direct deposit set up are submitted with the application form. Application for (check one): New Licence Renewal Licence If renewal, state previous Licence Number: ______________________ 1. Legal name under which Farm Labour Contractor will do business Contact information _______________________________________________________ Business: Cell: ______________ Email: 2. Business Address NOTE: This MUST be a physical address, not a PO Box #. 3. Mailing Address, if different from Business Address (can be a PO #) __________________________________ 4. The Farm Labour Contractor’s business is (check one) A Proprietorship An Unregistered Partnership A Registered Partnership A Limited Company 5. If you are a limited company or registered partnership, date of incorporation or registration with Registrar of Companies: Incorporation/Registration Number: 6. How long have you been in operation as a Farm Labour Contractor? Revised February, 2020

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Page 1: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Ministry of Labour Employment Standards Act

OFFICE USE ONLY ER No.

Assign. No. Officer

APPLICATION FOR FARM LABOUR CONTRACTOR LICENCE

NOTE: Once licensed, your name, address, contact information and number of bonded employees will be published on our website. Please ensure all of your information is accurate and ALL required information and documents including your application fee, security payment, signed, dated and witnessed Release of Information, WorkSafe number and clearance letter, and proof of direct deposit set up are submitted with the application form.

Application for (check one):

New Licence Renewal Licence If renewal, state previous Licence Number: ______________________

1. Legal name under which Farm Labour Contractor will do business Contact information

_______________________________________________________

Business:

Cell:

______________

Email:

2. Business AddressNOTE: This MUST be a physical address,

not a PO Box #.

3. Mailing Address, if different fromBusiness Address (can be a PO #)

__________________________________

4. The Farm Labour Contractor’s business is (check one)

A Proprietorship An Unregistered Partnership

A Registered Partnership

A Limited Company

5. If you are a limited company or registered partnership, date of incorporation or registration withRegistrar of Companies:

Incorporation/Registration Number:

6. How long have you been in operation as a Farm Labour Contractor?

Revised February, 2020

Page 2: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Page 2 Province of British Columbia Ministry of Labour Application for Farm Labour Contractor Licence

7. Please provide names of all proprietors; all partners; all directors, officers and shareholders of alimited company; and all other persons financially participating in the proposed operation. Specify“position held”; for example, “director and president” or “shareholder”; or “proprietor”; or“partner”.

Name Position Held Residence Address Postal Code Tel. No % of

Interest

8. Name of duly authorized representative who will write required exam:

9. Will the Farm Labour Contractor’s operation be conducted in conjunction with any other type ofbusiness? No Yes

If yes, what type of business? Please explain in detail and provide name and address of the otherbusiness.

10. Have any of the persons listed in Item 7 previously held a Farm Labour Contractor’s licence underanother company name, either as a director or principal? No Yes

If yes, give details including company name.

11. Do any persons listed in item 7:

a) Owe any unpaid wages in connection with anybusiness activity?

No Yes

b) Have any unpaid judgments outstanding? No Yes c) Have any liens or suits pending in Court? No Yes

If you answered “yes” to any of these questions, attach details; including names, addresses, phone numbers, dates, amounts due, etc.

Page 3: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Page 3 Province of British Columbia Ministry of LabourApplication for Farm Labour Contractor Licence

12. On the following table, please list all businesses/producers to which you provided employees in thepast year. Include name(s), address(s), phone number(s) of the farm and the number of employeesprovided.

Name of owner at farm

Address of farm

Phone # No. of

employees sent to farm

Type of Crop (ie. Nursery, Blueberry, Raspberry, Strawberry,

Cold Crop, etc.)

13. List all crops and areas of work that you are willing to supply labour for: ____________________

14. How many employees did you employ in the past year?Overall Max on Any One Day

15. Have all persons employed by you in the past year been paid all wages in full? Yes No

If ‘No’, attach full details.

Page 4: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Page 4 Province of British Columbia Ministry of Labour Application for Farm Labour Contractor Licence

16. How often do you intend to pay your employees?

Daily Weekly Bi-weekly (every two weeks)

Semi Monthly (twice a month) Other: (Specify)

17. How do you calculate the wages of your employees?

Hourly Daily Weekly

Flat Rate Piece Rate Other: (Specify)

18. If you provide transportation for your employees, complete the following for each vehicle used totransport workers and attach a current Motor Vehicle Inspection Report for each vehicle listed.

NOTE: If you begin to use another vehicle after you have sent in this application, you mustforward the information to the Branch immediately.

Year Make Model License No Registration No. Licence Class Required

19.

20.

Do you have a safety notice posted in all vehicles you use to transport employees, as required by Employment Standards Regulation 6.1? Yes No

List all individuals or firms who transport your workers, along with class of licence held by each driver. You are responsible for ensuring that all drivers are properly licensed.

Name Address Phone No. Class of Licence Held

21. Provide your WorkSafeBC Employer ID Number: ______________________

22. Are you in compliance with the Workers’ Compensation Act and the Occupational Health and SafetyRegulation? Yes No

23. Maximum number of employees affected by this application:

24. Are you in compliance with the Motor Vehicle Act Regulation Division 39 – Road Safety? Yes No

Page 5: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Page 5 Province of British Columbia Ministry of LabourApplication for Farm Labour Contractor Licence

Bond Required

I understand that I will be required to post a bond in the amount specified by Employment Standards Regulation 5.1. This bond will be retained by the director of Employment Standards for a period of up to 12 months after my licence expires.

I agree to operate in compliance with all provisions of the Employment Standards Act and Regulation.

I understand that as part of this application, I am required to sign a Release of information form allowing the Director to obtain information from WorkSafe BC, ICBC, the RCMP, Commercial Vehicle Safety and Enforcement (CVSE) and the Superintendent of Motor Vehicles to ensure my compliance with the Employment Standards Act and Regulation.

I hereby certify that the foregoing statements are true and correct. I am aware that if I misrepresent or make a false statement about anything in this application, or fail to comply with the Employment Standards Act and Regulation, the director may, in addition to any other penalties, refuse to issue a licence to me, or may cancel or suspend my licence after it has been issued.

Executed at , British Columbia, this _________ day of (City)

, 20___ (Month)

SIGNATURE (Director or Owner Only)

PRINT NAME(Director or Owner Only)

________________________________

Application Fee: $150.00 One year licence. $450.00 Three year licence.

NOTE: First year Farm Labour Contractors and Contractors who have previously had their licence suspended or cancelled are not eligible for a three year licence. The application fee is not refundable if an application for a licence is not successful, or if a licence is later suspended or cancelled. The application fee can be in the form of a cheque, bank draft or money order and should be made payable to the “Director of Employment Standards”.

In addition to the completed application form and and application you MUST include:

Completed Farm Labour Contractor Examination Signed, dated and witnessed Release of Information, WorkSafe number and current clearance letter Proof of direct deposit set up from financial institutionSecurity payment or, in case of renewal, the amount currently held by the Employment Standards Branch

Page 6: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Farm Labour Contractor Examination

Please complete the following in English:

Legal name of applicant (corporation, sole proprietorship, partnership): PRINT IN CAPITAL LETTERS

Name of person taking the exam (must be corporation director, sole proprietor, or partner): PRINT IN CAPITAL LETTERS

Signature:

Date of exam:

Telephone Number:

For internal use only: Score: /20

Ministry of Labour Employment Standards Branch

Mailing Address:

PO Box 9571 Stn Prov Govt,Victoria, BC, V8W 9K1

Telephone: 1 833 236-3700Email: [email protected]

Page 7: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

EMPLOYMENT STANDARDS BRANCH

FARM LABOUR CONTRACTOR APPLICANT EXAMINATION

PART 1

TRUE OR FALSE (Check the appropriate answer)

1. The Director may refuse to issue a licence to an applicant who has had a

previous licence cancelled.

True False

2. Farm labour contractors must always carry a valid licence while conducting

True False

3. Farm labour contractors must display the piece rates or hourly rate being paid toemployees at all worksites or on all vehicles.

True False

4. A farm labour contractor can require someone who is seeking a job to pay a

hiring fee.

True False

5. Farm labour contractors must keep a daily log at the worksite and make it

available for inspection by the Director.

True False

the licenced activities and display a copy of the valid licence prominently on allvehicles used for transporting employees.

Page 8: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

6. Farm labour contractors are required to keep records of the weights ofagricultural product that each employee picks even if a piece rate is converted toan hourly rate of pay.

True False

7. If a farm labour contractor contravenes the Employment Standards Act or the

Employment Standards Regulation, their licence may be canceled or suspend.

True False

8. A corporation that is licensed as a farm labour contractor must apply for a new

licence within 7 days after any change in its directors of officers.

True False

9. A farm labour contractor’s licence can be valid for up to three years.

True False

10. When served with a copy of a Determination cancelling or suspending a farmlabour contractor licence, the farm labour contractor must immediatelysurrender its licence to the Director.

True False

11. Employees of farm labour contractors can be paid by cheque or cash if theywork for just a few days and are being paid a piece rate.

True False

Page 9: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

12. Farm labour contractors must submit to the Director of Employment Standards

all up-to-date licence numbers and registration numbers for each vehicle used

for transporting employees and, if the vehicle is owned by the farm labour

contractor, copies of the inspection certificate that must be maintained under

section 25 of the Motor Vehicle Act Regulations.

True False

PART 2

MULTIPLE CHOICE (Check the c orrec t answer)

13. Vacation pay is calculated at what percentage for an employee who has

worked less than 5 continuous years?

a. 6% per week

b. 5% of gross earnings

c. 4% of gross earnings

d. 2% per week for a two week period

14. When can a Farm Labour Contractor begin to operate?

a. immediately after the application is made

b. once the letter of credit has been submitted

c. only after a licence has been issued by the Director of EmploymentStandards

15. When can a farm labour contractor licence be transferred?

a. when it is between family membersb. a licence is not transferrable or assignablec. it can be transferred if you are not doing much work with it

Page 10: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

16. What kinds of work can employees of a farm labour contractor perform?

a. pruning fruit treesb. poultry catchingc. planting vegetablesd. thinning grape vinese. harvesting fruitf. b , c, d, and eg. all of the above

17. When a farm labour contractor cannot locate an employee to pay wages earned, the wages must be paid to:

a. the employee’s family

b. the Director of Employment Standardsc. the farm owner or producer

PART 3

FILL IN THE BLANK

18. A person who was a director or officer of a corporation at the time wages of

an employee were earned or should have been paid is personally liable for up to

_______ months’ wages for that employee

19. A farm labour contractor who provides transportation to a job site for its

employee and does not then provide employment must pay the employee at least

the minimum hourly wage for the longer of _____ hours or the elapsed time from

the point of departure to the return to the same place that is no further away and

that is acceptable to the employee.

20. Workers must not be required to pay __________ to get hired. Their wagesmust be deposited directly in to their bank account on payday.

Page 11: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Ministry of Labour Employment Standards Branch Mailing Address:PO Box 9571 Stn Prov Govt, Victoria, BC, V8W 9K1

http://www.gov.bc.ca/EmploymentStandards

Email: [email protected] Phone: 1 833 236-3700

Fax: 250 356-1886

TO: (Name of Financial Institution)

RE: Farm Labour Contractor - Posting Security for Employees

A farm labour contractor must be licensed in accordance with the Employment Standards Act. A farm labour contractor’s licence is valid for either one year or three years from the date of issue.

The purpose of this letter is to assist financial institutions by providing information regarding on farm labour contractors to post security for their employees.

Applicants for a farm labour contractor licence must post security equal to 80 hours at minimum wage (June 1, 2019: $13.85 per hour; June 1, 2020: $14.60; June 1, 2021: $15.20) for each employee. The security must be posted under the Bonding Act and be of a type that is listed in section 8 of the Bonding Regulations.

Irrevocable Letter of Credit (“ILOC”)

The bond is retained by the Director of Employment Standards for up to 12 months after the farm labour contractor’s licence expires. Therefore, if security is posted by way of an ILOC, it must be valid for 12 months after the farm labour contractor licence expires.

The ILOC must be automatically extended from the expiration date and contain such a clause.

An original (faxed or other copies are not acceptable) ILOC must be provided to the Employment Standards Branch at PO Box 9571 Stn Prov Govt,Victoria, BC, V8W 9K1 with the following calculation specified:

June 1, 2019 - May 31, 2020 Minimum wage x bonding requirement (hours) x the number of employees e.g. $13.85 (min. wage) x 80 hours = $1,108.00 x 25 employees = $27,700.00

Page 12: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

The amount of posted security can be reduced as follows if a farm labour contractor has not contravened a "core requirement" of the Employment Standards Act:

Period of non-contravention Multiplier 1 year to less than 2 years 60 2 years to less than 3 years 40 3 years or more 20

PLEASE ENSURE THAT THE FOLLOWING APPEARS CORRECTLY ON THE ILOC:

1. Name and address of beneficiary must read as follows:

Ministry of Labour Employment Standards Branch P.O. Box 9570 Stn Prov Govt, Victoria, B.C., V8W 9K1

2. The letter of credit must be automatically renewed each year.

3. The legal name of the farm labour contractor must be correct.(example: ABC Farms Ltd. or First name Last name operating as ABCFarms)

If you have any questions or concerns, please email [email protected]

February 2020

Page 13: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Ministry of Labour Employment Standards Branch

Address: PO Box 9571 Stn Prov Govt, Victoria, BC, V8W 9K1

http://www.gov.bc.ca/EmploymentStandards

Email: [email protected]: 1 833 236-3700

Fax: 250 356-1886

Release of Information

This release of information is required to apply for and maintain a Farm Labour Contractor licence through the Employment Standards Branch.

I, _____________________________ (your name in CAPITAL LETTERS), the dulyauthorized representative of _________________________________(FLC name inCAPITAL LETTERS), agree to the release of information to the Employment Standards Branch from WorkSafeBC, ICBC, the RCMP, Commercial Vehicle Safety and Enforcement (CVSE) and the Superintendent of Motor Vehicles for the purpose of administering and ensuring compliance with the Employment Standards Act and Employment Standards Regulation.

This information will be used for the initial licence evaluation process and subsequent monitoring, including licencing reviews and compliance investigations.

Signature: Date:

WITNESS Signature:

Address:

Page 14: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

REV 2020/03

EMPLOYMENT STANDARDS BRANCH PAYMENT AUTHORIZATION FORM

PLEASE PRINT IN CAPITAL LETTERS ONLY

1 CONTACT INFORMATION

LEGAL NAME OF APPLICANT (BUSINESS NAME)

CONTACT PERSON NAME EMAIL ADDRESS

TELEPHONE NUMBER FAX NUMBER (OPTIONAL)

2 PAYMENT INFORMATION

TYPE OF APPLICATION

EMPLOYMENT AGENCY TALENT AGENCY FARM LABOUR CONTRACTOR DUE DILIGENCE SEARCH

PAYMENT METHOD

VISA MASTERCARD AMEX CHEQUE

TOTAL AMOUNT

$

AUTHORIZED SIGNATURE

X

CREDIT CARD NUMBER EXPIRY DATE (MM/YYYY)

NOTE: Credit card information is not retained. Upon authorization of the payment request, all credit card information is destroyed.

When complete, mail or fax this completed form to:

Licensing & Registry Clerk Employment Standards Branch PO Box 9570 STN PROV GOVT Victoria BC V8W 9K1 Fax: 250-356-1886 DO NOT SEND THIS FORM BY EMAIL

Page 15: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Employment Standards Branch

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CONFORME A LAS REGLAS DE NORMAS DE EMPLEO, ESTE AVISO DEBE SER COLOCADO EN UN LUGAR PROMINENTE Y VISIBLE A TODOS LOS PASAJEROS.

• Todos los pasajeros deben sentarse y, en vehículos con cinturones de seguridad deuso obligatorio, todos los pasajeros deben abrocharse los cinturones (uno porpasajero).

• El conductor debe poseer una licencia de conducción válida para operar esta clase devehículo.

Si usted tiene algún motivo para preocuparse por la manera en que se opera este vehículo, tenga a bien llamar a la División de Seguridad de Vehículos Comerciales al 1-888-775-8785.

EMPLOYMENT STANDARDS REGULATION REQUIRES POSTING THIS NOTICE WHERE IT IS CLEARLY VISIBLE TO EVERYONE IN THE VEHICLE.

• All passengers must be seated and, in vehicles requiring seatbelts, all passengersmust each wear one seatbelt.

• The driver must have a valid driver’s license for the operation of this vehicle type.

Should you have safety concerns with respect to the operation of this vehicle please call the Commercial Vehicle Safety Branch at 1-888-775-8785.

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VEHICLE SAFETY NOTICE
Page 16: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

This factsheet has been prepared for general information purposes. It is not a legal document. Please refer to the Employment Standards Act and Regulation for purposes of interpretation and application of the law.

Farm Labour Contractors A farm labour contractor provides labour to producers in connection with the planting, cultivating or harvesting of agricultural products. Although the workers may work on a variety of farms owned by different producers, they are the employees of the farm

October 2019

labour contractor.

Farm labour contractors must be licensed under the Employment Standards Act, with the exception of those who operate solely in silviculture or in spraying or pruning trees. Producers are not required to be licensed as farm labour contractors if they only hire people to pick crops on their own land.

Licensing Requirements Applicants for a farm labour contractor licence must pass a written test on the Act and Regulation and post security for each employee, in the form of a bond equal to 80 hours at minimum wage (June 1, 2019: $13.85 per hour; June 1, 2020: $14.60; June 1, 2021: $15.20).

The bond amount will be reduced if a farm labour contractor has not contravened a “core requirement” of the Act as set out in the following sections: • Section 13(1) - farm labour contractors must be

licensed;

• Section 17(1) - pay days;• Section 28 - payroll records;• Section 58 - vacation pay; and• Section 15 and 18(1) - minimum wage.

The bond amount will be reduced every year the farm labour contractor does not contravene any of the core requirements. The reduction amount is:

If a farm labour contractor has had no previous contraventions of the Act, a licence may be issued for three years. Otherwise the licence must be renewed annually.

Unlicensed contractors A producer is required to use only licensed farm labour contractors. A producer who uses an unlicensed farm labour contractor is subject to penalties ranging from $500 to $10,000.

A producer who uses farm workers provided by an unlicensed farm labour contractor is considered to be the employer of the farm workers for the purposes of the Act and may be held liable for any unpaid wages.

Duties of farm labour contractors: A farm labour contractor must do all of the following: • Carry the farm labour contractor's licence at all

times while carrying on the licensed activities;• Display a copy of the licence in all vehicles used

for transporting employees;• Show the licence beforehand to all persons with

whom the farm labour contractor intends to dealas a farm labour contractor;

For more information:

Phone: 1 833 236-3700

Website: www.gov.bc.ca/EmploymentStandards

Employment Standards Branch

FACTSHEET

Period of non-contravention Multiplier 1 year to less than 2 years 60

2 years to less than 3 years 40

3 years or more 20

Page 17: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Page 2 of 3

Farm Labour Contractors

• Immediately notify the director of a change in thefarm labour contractor's business or residentialaddress;

• Provide the director with an up-to-date list of theregistration numbers and licence numbers of allvehicles used for transporting employees;

• Ensure that each vehicle used for transportingemployees has affixed to it an unexpired inspectioncertificate, and provide a copy to the director;

• Ensure that every person who transports employeeshas a valid driver’s licence for the category of vehiclebeing driven; and

• Post a notice provided by the director, respectingvehicle and passenger safety, including driver, seatingand seat belt requirements, in each vehicle beingused to transport employees.

Keeping Records A farm labour contractor must keep a daily log at each work site which is available for inspection by the director. It must contain the following information: • The name of the producer and work site location to

which workers are supplied and the names of theworkers who work at that work site on that day;

• The names of each worker and the dates worked;• The site where each worker works on each day;• The fruit, vegetable, berry or flower crop picked on

each day by each worker; and• The volume or weight picked each day by each

worker.

All records must be kept in English. The employer must keep records for two years after the employment terminates.

Travel Pay Where a farm labour contractor transports a farm worker to a job site and then does not provide any work, the farm labour contractor must pay the worker the greater of: • The minimum hourly wage for 2 hours work; or• The time spent travelling from the departure point

and back to that place, or to an alternative place thatis no further away and is acceptable to theemployee.

This requirement does not apply if work is not available due to unsuitable weather conditions or other causes completely beyond the farm labour contractor’s control.

Posting wage rates and paying wages A farm labour contractor must prominently display, at all work sites and in all vehicles used for transporting employees, the wages being paid to farm workers.

A farm labour contractor must deposit wages directly to an employee’s bank account.

No charge for hiring A farm labour contractor must not charge a person for hiring or obtaining work for that person.

Vehicle Safety All vehicles used to transport farm workers must be maintained in compliance with the requirements of the Motor Vehicle Act and Division 39 – Road Safety of the Motor Vehicle Act Regulations.

If a vehicle is removed from service while it is being used by a farm labour contractor to transport farm workers, and the province provides alternative transportation, the farm labour contractor must pay an administrative fee of $500 to the director.

Suspension or cancellation of licence A farm labour contractor’s licence may be suspended or cancelled if the farm labour contractor: • Makes a false or misleading statement in the

licence application;

• Breaches a condition of the licence;• Contravenes the Act or the Regulation;• Fails to comply with the provisions of the Motor

Vehicle Act;• Is ordered to remove a vehicle from the highway

for repairs while it is being used to transport farmworkers; or

• Is ordered to remove a vehicle from the highway• Fails to comply with the Workers Compensation

Act or the Occupational Health and SafetyRegulation.

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Page 3 of 3

Farm Labour Contractors

Agriculture industry compliance The Employment Standards Compliance Team (the team) has the authority under the Act to enter farms where work is being done. Visits are unannounced in order to observe normal business operations. Team members will speak to the farm labour contractor and producer if they are present, interview employees and review records.

Producers and farm labour contractors who refuse to allow entry to compliance team members are subject to penalties ranging from $500 to $10,000.

All references to the “director” in this factsheet refer to the Director of Employment Standards. Compliance team members carry out the director’s duties, powers and functions as delegated under the Act.

For more information or to attend a free education

seminar, please refer to “Licensing” or “Agriculture”

on our website:

www.gov.bc.ca/EmploymentStandards, or email us:

[email protected].

Page 19: APPLICATION FOR FARM LABOUR CONTRACTOR …...8. A corporation that is licensed as a farm labour contractor must apply for a new licence within 7 days after any change in its directors

Employment Standards Branch

FACTSHEET This factsheet has been prepared for general information purposes. It is not a legal document. Please refer to the Employment Standards Act and Regulation for purposes of interpretation and application of the law.

October 2019

Farm WorkersDefinition of a ‘Farm Worker’ A farm worker is defined in the Employment Standards Regulation as a person employed in a farming, ranching, orchard or agricultural operation and whose principal employment responsibilities consist of any of the following:

Growing, raising, keeping, cultivating,propagating, harvesting or slaughtering theproduct of any of the above operations.

Clearing, draining, irrigating or cultivating land. Operating or using farm machinery, equipment

or materials for the above purposes. Direct selling of a product of any of the above

operations if the sales are done at the operationand are only done during the normal harvestcycle for that product.

The initial washing, cleaning, sorting, grading orpacking of an unaltered product produced bythe operation, or a similar product purchasedfrom another operation during the normalharvest cycle for that product.

A farm worker does not include any of the following:

A person employed to process the products of afarming, ranching, orchard or agriculturaloperation.

A landscape gardener or person employed in aretail nursery.

A person employed in aquaculture.

Farm workers are covered by most sections of the Employment Standards Act and regulation with certain important exceptions described below.

Minimum Wage Farm workers who harvest specified crops by hand may be paid by piece rate. If an employer chooses to pay a piece rate, farm workers must be paid at least the minimum piece rate for each crop as set out in the Regulation. These piece rates are listed below.

Where farm workers are being paid on a piece rate basis, the employer must post notices stating:

The volume of the picking containers; The volume or weight of the crop needed to fill

a container; and The piece rate for the crop.

All other farm workers, whether they are paid hourly, by salary or by any other method must be paid at least the minimum wage: June 1, 2018 – $12.65 per hour; June 1, 2019 – $13.85 per hour; June 1, 2020 – $14.60 per hour; June 1, 2021 – $15.20 per hour.

continued …

For more information:

Phone: 1 833 236-3700 Website: www.gov.bc.ca/EmploymentStandards

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Page 2 of 3

Farm Workers

Note: Farm workers under the Seasonal Agricultural Worker Program (SAWP) must be paid in accordance with the SAWP contract. For further information on the SAWP contract, please contact Service Canada at 1-800-367-5693.

Paying wages All farm workers must be paid at least twice a month.

Hourly and salaried farm workers must be paid all wages within eight days of the end of the pay period.

Piece-rate harvesters may be paid at least 80 percent of total estimated wages owing at the middle of each month. All remaining wages must be paid within eight days of the end of the month.

Licensed Farm Labour Contractors must pay wages directly to the employee’s bank account.

Deductions from Wages An employer must not, directly or indirectly, withhold, deduct or offset any employee’s earnings except for statutory deductions required by law (i.e. income tax, CPP and EI) or with the written authorization of the employee.

Regardless of an employee’s written authorization, an employer cannot require an employee to pay any portion of an employer’s cost of doing business.

Overtime Farm workers are not entitled to overtime pay. However, an employer must not require or allow a farm worker to work excessive hours detrimental to the employee’s health or safety.

Annual vacation and vacation pay Vacation pay for piece-rate harvesters is includedin the piece rates shown below.

Farm workers paid a salary or hourly rate are entitled to:

Two weeks’ vacation after 12 consecutivemonths of employment and three weeks’vacation after five consecutive years ofemployment.

Vacation pay of four percent of total earningsafter five days of employment and six percent oftotal yearly earnings after five years ofemployment. (See Annual Vacation factsheet.)

Vacation pay is to be paid:

at least seven days before the start of the annualvacation, or on regular pay days if agreed to inwriting by the employer and the employee; or

if employment ends before one year, on the finalpay cheque.

Statutory Holidays Farm workers are excluded from statutory holiday entitlements.

Wage statements On paydays, an employer must give each employee a written wage statement that includes the following information:

The employer’s name and address; The number of hours worked; The employee’s wage rate, whether hourly,

salary, flat rate, piece rate, commission or otherincentive basis;

Any money, allowance or other payment theemployee is entitled to;

The amount and purpose of each deduction; How the employee’s earnings are calculated if

the employee is paid other than by the hour orby salary; and

The employee’s gross and net wages, and anyamounts withdrawn from the employee’s timebank and how much remains.

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Farm Workers

Minimum Wage for Piece Work Crops

The minimum wage for farm workers who are employed on a piece work basis and hand harvest the following crops is as follows: (rates include vacation pay of four percent of earnings):

Crop September 15, 2017 January 1, 2019

Apples $18.89 a bin (27.1 ft3 / 0.767 m3) $21.06 a bin (27.1 ft3 / 0.767 m3)

Apricots $21.73 a 1/2 bin (13.7 ft3 / 0.388 m3) $24.23 a 1/2 bin (13.7 ft3 / 0.388 m3)

Beans $0.259 a pound / $0.571 a kg $0.289 a pound / $0.637 a kg

Blueberries $0.438 a pound / $0.966 a kg $0.488 a pound / $1.077 a kg

Brussels sprouts $0.180 a pound / $0.397 a kg $0.201 a pound / $0.443 a kg

Cherries $0.248 a pound / $0.547 a kg $0.277 a pound / $0.610 a kg

Grapes $20.07 a 1/2 bin (13.7 ft3 / 0.388 m3) $22.38 a 1/2 bin (13.7 ft3 / 0.388 m3)

Mushrooms $0.260 a pound / $0.573 a kg $0.290 a pound / $0.639 a kg

Peaches $20.07 a 1/2 bin (12.6 ft3 / 0.357 m3) $22.38 a 1/2 bin (12.6 ft3 / 0.357 m3)

Pears $21.27 a bin (27.1 ft3 / 0.767 m3) $23.72 a bin (27.1 ft3 / 0.767 m3)

Peas $0.323 a pound / $0.712 a kg $0.360 a pound / $0.794 a kg

Prune plums $21.27 a 1/2 bin (13.7 ft3 / 0.388 m3) $23.72 a 1/2 bin (13.7 ft3 / 0.388 m3)

Raspberries $0.395 a pound / 0.871 a kg $0.440 a pound / 0.971 a kg

Strawberries $0.380 a pound / $0.838 a kg $0.424 a pound / $0.934 a kg

Daffodils** $0.152 a bunch (10 stems) $0.169 a bunch (10 stems)

**The rate for daffodils does not include vacation pay.

For more information:Visit our website: www.gov.bc.ca/EmploymentStandards

To get information about Employment Standards in the language of your choice call 1 833 236-3700 or

Email us: [email protected] Mailing Address: PO Box 9571 Stn Prov Govt, Victoria, BC, V8W 9K1