Farm Worker’s Rights and Responsibilities in BC

(developed by the Safe Harvest Coalition in 2006 & updated by the Penticton & Area Women's Centre in 2009)

   The following is a summary of the legislation protecting farm workers in BC:
   See websites or phone numbers for complete information

   In terms of pay, Employment Standards require that:

• Farm workers be paid at least minimum piece rate or at least minimum wage ($8/hr)
  if a piece rate has not been set by the provincial government: piece rate for cherries $2.05/10lb bucket, grapes & peaches $16.58/1/2 bin, apples $15.60/bin. http://www.labour.gov.bc.ca/esb/facshts/farm_worker.htm
• Farm workers be paid at least twice per month.
• For a complete piece rate list, and more information on Employment Standards: http://www.labour.gov.bc.ca/agriculture/welcome.htm or call 1-800-663-3316

 In terms of safety, training, and working conditions WorkSafeBC requires that:

• All workers be covered by Worksafe BC insurance should they become
  injured on the job. Employers must be registered at Worksafe BC.
• Farm workers not work excessive hours detrimental to their health and safety.
• Farm workers attend proper training to prevent workplace injuries (i.e. ladder use,
  heavy lifting, pesticide safety, operating machinery.)
• Farm workers not be exposed to pesticides.
• Workers have access to adequate washing facilities if they have worked in a field where
  pesticides have been sprayed (after it is “safe.”)
• Workers residing on the property have showers & clothes washing facilities.
• Farm workers have access to clean drinking water to prevent dehydration.
• Workers have the right to refuse unsafe work and are asked to report it to Worksafe BC.

Whether you have given your Social Insurance Number (SIN) to your employer or not, you are entitled to all of these safety regulations.

Even if you are hired for 2 minutes, your employer is responsible for your safety. WSBC requests that ALL unsafe working conditions be reported. WorksafeBC is not interested in your SIN; that is a matter for the Canada Revenue Agency. WorksafeBC requests that ALL unsafe working conditions be reported. This has nothing to do with the Canada Revenue Agency (taxes) or Employment Standards. Registered and unregistered workers are entitled to the same safe working conditions. It is your employer’s responsibility to register with WorksafeBC. If ANY worker is injured on the job, and the employer is NOT registered at WorksafeBC, then that employer is PERSONALLY liable. If the employer is registered at WorksafeBC, then they have insurance and ALL of their workers are eligible for worker’s compensation.  For more information on workplace safety and health, or for emergency and accident reporting see www.worksafebc.com or call 1-888-621-7233.

In terms of harassment and discrimination, the BC Human Rights Coalition requires that:

• Farm Workers be treated with dignity and respect, like any other worker in BC
• All workers be protected from unwanted sexual advances, or unwanted verbal or physical conduct of a sexual nature at work.
• Farm workers not be refused work, promotion, be fired or forced to work under different conditions because of their age, sex, ethnicity or other protected ground. (for a complete list see website below)
• Employers are liable for acts of harassment and discrimination that occur in the workplace, even when they are not aware of it.  Employers may be fined $2000 or more.
•  For more information see www.bchrcoalition.org or call 1-877-689- 8474

If you work 25 days or more for one employer in one year, your employer must deduct CPP from your pay.  If you work 7 days or more for one employer, the employer must deduct EI from you pay.  If you work less than 7 days, your employer does not require your SIN.  This is only true in agricultural work. You do not have to pay taxes if you earn less than $10,000 in one year, but EI and CPP should be deducted accordingly. However, you still might have taxes deducted, and can receive a refund when you file your income tax at the end of the year.  Regardless of how much you earn, Canadian law does require that you claim all earnings when you file your taxes.   It can be beneficial to declare income since it can make you eligible for government programs that assist Canadians with low incomes.  For further information contact a poverty law advocate in your area. For Penticton, call the Penticton & Area Women's Centre at 1-866-493-6822.  For more information about employer deductions call the business office at Revenue Canada at 1-800-595-5525.
For personal income tax inquiries call 1-800-959-8281 to find out if you need to pay taxes.

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