A silviculture worker is hired to help with reforestation – the process of replanting an area with trees (commonly referred to as a tree planter).
If you hire silviculture workers, you must:
- Follow employment standards in B.C. and rules for hiring temporary foreign workers
- Make any required federal payroll deductions like income tax, Canada Pension Plan and Employment Insurance premiums
- Meet WorkSafeBC requirements
Different rules apply to silviculture workers who earn a piece rate
Silviculture workers who are paid primarily on a piece rate basis have different regulations that apply to their work. The piece rate is per tree, block or hectare planted and must be stated in advance.
Hours of work, overtime and scheduling
The work day starts when workers leave the camp or pick-up point and ends when they return. Employers must provide a schedule.
Schedules are no more than five working days followed by a day off. Each month, workers must get:
- At least two days off in a row
- Eight non-consecutive days off
Work in remote locations. If a work site can only be accessed using a temporary forest road or special transportation like an airplane or boat, the shift schedule can be adjusted to:
- Up to nine days of work followed by at least two days off
- No more than ten days of work followed by at least four days off
The employer and most of the employees who work at the site must agree in writing to the shift adjustment. Employees with an adjusted work schedule must have at least eight days off work each month.
|Paid on a piece rate basis||Paid a regular wage|
|Time worked over 8 hours, up to 12 hours||
Their regular piece rate or time-and-a-half minimum wage (whichever is greater)
|Time-and-a-half their regular wage rate|
|Time worked over 12 hours in a day||Double their piece rate||Double their regular wage rate|
Silviculture workers must not work more than five hours in a row without a break of at least 30 minutes. If a worker has to be available for work during a meal break, they have to be paid for the break.
Wages earned by silviculture workers who are paid a piece rate must equal at least minimum wage for all hours worked. If they earn less than that, the employer needs to top-up their pay. Higher wages from a different pay period cannot be used to offset payment of less than minimum wage.
Any bonus or incentive promised must be paid – for example, an end-of-season bonus cannot be reduced or adjusted for any reason.
Statutory holiday pay
An employer can choose to add an extra 4% of an employee's gross earnings in place of statutory holiday pay. This means that workers are paid their regular rate if they work on a statutory holiday and don't qualify for statutory holiday pay.
If this amount isn't paid on every pay cheque, employers must follow the regular rules for statutory holiday pay.
An employer can choose to add an extra 4% of gross wages (6% after five consecutive years of employment) in place of vacation pay. This means that workers don't earn vacation time off. This amount is paid on total wages, which includes statutory holiday pay.
If this amount isn't paid on every pay cheque, employers must follow the regular rules for vacation time and pay.
Money cannot be deducted from an employee's wages to recover the cost of doing business or for damage to property. For example, stashing trees, penalties for low quality assessments or damage to equipment.
Employers can charge for accommodations. If an employee agrees in writing, an employer can deduct up to $25 per day for camp costs or the actual cost of a motel room from their pay. If GST for costs is also deducted, it must be shown as a separate item on the employee's pay stub.
A worker's pay can be adjusted if they over-count their piece work. Wages earned must equal at least minimum wage for all hours worked. An employer must be able to prove that an employee over-counted in order to adjust their pay. Adjustments cannot be done on a group basis.
Keep daily records
In addition to other employment records, employers must also keep a daily record for each employee that includes:
- The number of trees planted
- The number of hectares spaced, weeded or brushed
- The unit price per tree or hectare
- Total hours worked
- Daily camp costs
Each pay period, both the employee and the employer should sign off on the daily records.
Co-op agreements must be in writing. If a group of workers all agree to be paid the same amount for the combined efforts of the group, the employer must keep a written copy of the agreement.
Most silviculture workers do not get compensation for length of service or working written notice of termination of employment because employment is understood to be seasonal. Rules about group termination do not apply to seasonal silviculture workers.
All silviculture workers get compensation for length of service or working written notice if their job was terminated without cause and:
- They were hired to work for an entire season
- They worked more than three months
- The employer still has work available