Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 2 - HIRING EMPLOYEES
ESA Section 13 – Farm labour contractors must be licensed
This section requires that a farm labour contractor be licensed and explains the consequences to an employer who uses the services of an unlicensed farm labour contractor.
13. (1) A person must not act as a farm labour contractor unless the person is licensed under this Act.
(2) A person who engages the services of an unlicensed farm labour contractor is deemed for the purposes of this Act to be the employer of the farm labour contractor's employees.
(3) A person must not engage the services of a farm labour contractor unless the farm labour contractor is licensed under this Act.
A licensed farm labour contractor is considered to be the employer of the farm workers who perform work for that contractor. Under s.1 of the Employment Standards Act, a person who uses the services of a farm labour contractor is considered to be a “producer”.
A producer who engages the services of an unlicensed farm labour contractor is considered to be the employer of the farm workers, for the purposes of this Act, and is liable for any unpaid wages under s.30 of the Act.
Note: Under s.39 of the Employment Standards Regulation, s.13 of the Act does not apply to a person whose employees work for, or under the control or direction of, another person in connection to silviculture or spraying or pruning fruit trees.
Joe is a farm labour contractor. He provided his employees to a producer from March 1, 2007 to October 31, 2007 but did not obtain a farm labour contractor license until April 1, 2007.
Joe was in contravention of the Act from March 1 – March 31, 2007 and is subject to penalties under the Act.
The producer may be deemed to be the employer of the employees from March 1 to March 31, 2007 and may be liable for all unpaid wages.
A producer who engages the services of an unlicensed farm labour contractor may be subject to a penalty under the Act.
Related sections of the Act or Regulation
- s.1, Definition “producer”
- s.1, Definition "farm labour contractor"
- s.30, Producer and farm labour contractor are liable for unpaid wages
- s.30.1, Liability of farm labour contractor for transportation costs
- s.30.2, Enforcement of administrative fee
- s.1, Definition “farm worker”
- ss.5-12, Farm Labour Contractors
- s.18, Minimum Wage – farm workers
- s.34.1, Farm workers
- s.39, Exclusions from farm labour contractor licensing requirements