Brush clearing – Employment standards exceptions

Basic rules

• Brush clearing employees are entitled to vacation pay, from the start of employment, at the rate of at least 6% of their regular wages.
• Brush clearing employees are entitled to general holiday pay from the start of employment, at the rate of at least 3.6% of their regular wages.
• The overtime rule for brush clearing is 10 hours per day and 44 hours per week, whichever is greater.

Brush clearing employee

Brush clearing employees are employed:

• for work that involves cutting, removal, burning or other disposition of trees and brush
• for the primary purpose of clearing land and not for the harvesting of timber on it

Hours of work and pay

The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, doesn’t apply to brush clearing employees.

Exceptions to the minimum standards for regular and overtime hours

Employees must receive overtime:

• for hours worked in excess of 10 hours per day or 44 hours per week, whichever is greater

Regular rules for overtime pay rates and banked overtime apply.

General holiday pay

Brush clearing employees are entitled to general holiday pay when they begin employment of at least 3.6% of their wages.

Exceptions to the minimum standards for general holidays and general holiday pay

• Employees aren’t required to be given a day off for the general holiday
• If an employee works on a general holiday, it’s treated as a regular day of work with respect to the calculation and payment of wages and overtime pay
• General holiday pay must be paid on or before December 31 of each year, or on termination of employment, whichever occurs first
• General holiday pay may be paid each pay period

Time off with pay instead of overtime pay, as part of an overtime agreement, is considered regular wages and must be included when calculating general holiday pay.

Vacations and vacation pay

Brush clearing employees are entitled to vacation pay when they begin employment of at least 6% of their wages.

Exceptions to the minimum standards for vacations and vacation pay

• If an employee is given vacation time off, they must receive their vacation pay before the vacation begins.
• If the employee isn’t given vacation time off, vacation pay must be paid on or before December 31 of each year or on termination of employment, whichever occurs first. The vacation pay may be paid each pay period.
• Earning paid time off instead of overtime pay as part of an overtime agreement is considered regular wages and must be included when calculating vacation pay.

Termination and termination pay

Brush clearing employees are not entitled to notice of termination or pay in lieu of notice of termination.

Additional Employment Standards

In addition to the special provisions outlined above, all other minimum standards for employment apply to brush clearing employees. Additional information on these rules can be found at:

• Averaging arrangements
• Breaks and days of rest
• Deductions from earnings
• General holidays
• Job-protected leaves
• Minimum wage
• Overtime hours and pay with the exception of what is considered overtime hours listed above
• Payment of earnings
• Vacations
• Youth employment

How the law applies

Part 3, Division 3 of the Employment Standards Regulation outlines the provisions for brush clearing employees with regards to overtime hours. Part 4 of the Employment Standards Regulation outlines the provisions for brush clearing employees with regards to vacation pay and general holiday pay.

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