Crew Boss Christmas bonus

[Sunwatersoil]

I’m not a crew boss with any company but I’ve heard that some BC companies withhold ~20% of their seasons pay till Sept-Oct and call it a Christmas bonus. The crew bosses are on a commission scale and hourly wages don’t apply. The rational given was that it’s for covering any mistakes that could have arisen over the course of a season and found after the fact. Truck damages, fucked up blocks, etc.

Under current legislation in BC

https://www2.gov.bc.ca/gov/content/empl ... from-wages

It doesn’t sound legal. Can anyone comment on this?

[jdtesluk]

Good question. I would first point out that although crew bosses are on an hourly scale, hourly wages STILL may apply.....it's just that they generally make so much money that they never wander close to where a guaranteed minimum wage would ostensibly kick in. Here is my take on it, and I remain open to other interpretations.

Important language in the referenced fact sheet is "employee". Not "worker". That means that these rules apply equally to all employees, crew boss or not, commission or salaried. The key thing, however, is how the "bonus" is structured, and how payroll is done. A company may very well award a true bonus, above and beyond guaranteed and agreed-upon pay rates. This could certainly be a quality bonus, safety bonus, or equipment damage bonus. However, it cannot be based on or related in any way to their agreed pay as a percentage or price per tree or unit of production.

An employer could very well offer all employees (foreperson or worker) a $500 bonus if they stay to the last day of work. There also may be legitimate formulations of awarding good quality with "above-pay" bonuses to crews, camps, or bosses that achieve certain goals. However, they could not express this as a per-tree "bonus" or "percentage of their pay" bonus, or have it expressed as a portion of pay that it taken away or deducted based on the quality percentage.....Employment standards recognize such end-arounds as an attempt to beat the legislation, and they generally will swat it down in the tribunal. Furthermore, a company cannot ask an employee to sign a contract to agree to such a system...it is illegal to have (or even offer) employment contracts that violate the regulation. No exceptions.

The bonus also could not reflect specific costs....such as deducting $1438.75 for a bumper, or $575 in tree fines. This is where it can get tricky, and one can split hairs and argue in tribunal over what is what. The "bonus" has to be a real "bonus"...an extra something-something for doing a good job or achieving certain goals. That's great. In fact, it can be really great for workers and can be a powerful motivator for say good safety practices.
However, exactly when an "extra bonus" actually becomes a penalty based on the cost of business or a withholding of pay can come down to contract language and dollar-and-cent formulas to argue in court. However, I have tried to point out a few (what I hope are) clear examples of what is okay and what is not.

I will say that I do know of companies that award true bonuses to crew and camp leaders, and they have good results. Personally, if a company is "bonussing" the wrong way, I would strongly urge them to look at other ways of achieving similar ends through other (legitimate) means.

I expect most staff and crew bosses will be eager to achieve positive bonuses, and will do their best to get there. If they try hard, and come up short, the company can evaluate the performance, perhaps consider a partial-bonus, and work to improve the employee's skills so they can achieve better results next year. If the crew member does not seem inspired to do this, or has failed due to what is deemed a lack of effort or commitment, best to move on and not ask them back. This is why annual performance evaluations (1-on-1) are so important. It's not enough to just waggle a money-carrot and expect that to shape good performance. Smart employers deeply evaluate their staff, consider what they can do to help the staff achieve set goals, and provide fair and legal bonuses for performance that can be used in concert with evaluations-and-training to drive excellence.

Apologies if that sounds like a motivational sermon.

[Sunwatersoil]

Always nicer to hear a motivational sermon than listen to a crusty vet rant about the good old days.

Thanks for the detailed response. My take away is that under circumstances in which a company withholds a bonus; the company may only keep to a maximum amount of what was deemed as an “extra bonus” in the contract.

[jdtesluk]

You say it succinctly, without need of my rambling. I think I may quote what you just wrote because that's pretty much it.
"Under circumstances in which a company withholds a bonus; the company may only keep to a maximum amount of what was deemed as an “extra bonus” in the contract."

[Sunwatersoil]

Without your rambling this forum would be a lot less interesting. Each of your posts are like a personalized TED talk.