Answer: Make sure you know your rights, keep good notes, and be aware of the agencies that can assist you with a potential complaint.

Know your rights

Even prior to beginning their job, all workers should be aware of the legislation that protects them. In BC, there are special rules for how silviculture workers are to be paid which include requirements related to minimum wage, overtime, camp costs, holiday and vacation pay, and other topics.

Keep good notes

Throughout the course of a job, workers should keep detailed records of their hours and production. This should include the number of trees they plant, the type of tree or seedlot number (printed on the box labels), the location or block number (found on the maps), the price that was quoted by the employer, and the names of other workers on the same site.  They should also record the hours worked in the day, starting from the moment they get in the truck in the morning, to the time they return to the camp, plus any additional hours spent on work activities in the evening. This information helps workers track their earnings and can be a critical piece of evidence in a potential dispute.

Part 3, Section 27 of the Employment Standards Act requires employers to provide wage statements with enough detail for workers to determine if they were paid correctly. For piece-rate workers such as tree planters, this includes a full list of how many hours they worked, how many trees they planted, and how much they were paid per tree.  Workers should review these wage statements and ensure that they match their own records and comply with applicable regulations related to minimal earning and maximum allowable deductions.

If an error is detected

If an error in payment is detected, a worker should bring it to the attention of management and ask that it be corrected. It is not unusual for minor errors to be made in recording the number of trees or hours. However, any pattern of insufficient hours being recorded, trees not counted, or improper deductions being made should be looked at closely. It is generally advisable to consult with the employer to make sure that you understand the pay statements, and properly understand how the regulations are being applied, as there are a few different ways that companies may structure their pay-systems.

If the employer does not cooperate

In the case that a worker feels they have been paid unfairly and the employer will not cooperate, the first option is to contact the Employment Standards Branch of the Ministry of Labour  (ESB) to file a claim. It is usually easy to reach someone who can help you, but a worker should be sure to explain they are a silviculture worker or tree planter and ask if there is someone that is familiar with the regulations that apply to their work.  The ESB is generally effective in supporting workers’ rights and has indicated that more than 80% of claims are resolved in workers’ favor. If a decision is made that a worker believes to be unfair, they can take an appeal to the Employment Standards Tribunal for a hearing. Such hearings are generally rare, and only one case involving tree planting is known to have progressed to the tribunal in the past 15 years.

Tree planters have a very demanding job, and should stand up for every nickel they earn. This starts with knowing their rights and keeping good notes, and ultimately using the systems and agencies in place to protect them.