Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 7 - VARIANCES AND EXCLUSIONS

ESR Section 40.1 – Exclusions from payday requirements for certain farm workers 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains under which conditions certain types of farm workers are excluded from the payday requirements of the Act. 


Text of Legislation

40.1. Farm workers who hand harvest fruit, vegetable, flower or berry crops are excluded from subsection 17 (1) of the Act on the condition that the employer must pay to the farm workers within 8 days after the end of each pay period

(a) at least 80% of wages earned in the first pay period in the month, and

(b) monthly, all wages earned in the month, less wages previously paid under paragraph (a).


Policy Interpretation

Farm workers who specifically hand harvest fruit, vegetable, flower or berry crops are not covered by the payday requirements established in s.17 of the Act on the condition that they are paid within 8 days after the end of each pay period, as follows:

  • in the first pay period of the month - an amount that is equal to at least 80% of wages earned to the end of that pay period ; and
  • at the end of the month - all remaining wages earned in the month (less the wages previously paid in the first pay period of the month)

Refer also to s.18 of this Regulation for rules on how minimum wage must be paid to farm workers who are paid on a piece work basis and who hand harvest any of the berry, fruit or vegetable crops listed in that section.

It should be noted that farm workers who do not hand harvest berry, fruit or vegetable crops are entitled to the payday requirements established in s.17 of the Act. They are entitled to be paid all wages earned at least semi-monthly, within 8 days after the end of the pay period.

Additional requirement:

Section 40.2 of the Regulation requires a farm labour contractor to pay farm workers wages by direct deposit to their account in a savings institution. For further information, please refer to s.40.2 of the Regulation.


Related Information

Related sections of the Act or Regulation

ESR