Employment Standards Act of British Columbia

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The Employment Standards Act of British Columbia (Canada), is legislation enacted by the provincial government of British Columbia to protect the rights of working people. Sections within the act outline the employers responsibility to their employees, notably things such as minimum wage, meal breaks, and parental leave. The act also works to protect residents of the province by preventing employment discrimination.

Contents

Part I: Introduction

This Act applies to all employees, with the exception of those expressly excluded by regulation. [1] The standards set out in the Act are considered minimum requirements, and agreements to waive such requirements are considered of no force and effect, unless the agreement in question is referred to in s. 3(2) or (4). [2]

Objectives

The purposes of this Act are as follows: [3]

Scope of the Act

The Act applies to all employees other than those excluded by regulation.

"Employee" includes: [4]

Exceptions

Federally regulated employers (for example, banks, broadcasting, rail transportation, and postal contractors) are governed by the Canada Labour Code. [5]

There are also some specific exemptions: [6]

In addition, if a collective agreement deals with:

then corresponding provisions of the Act do not apply. [7] If the collective agreement does not deal with these topics, this Act does apply. [8]

Managers are exempt from the hours of work, overtime and statutory holiday provisions. [9] "Manager" is defined as: [10]

Independent contractors are not considered employees. In order to classify an individual as one or the other, there are four common law tests that can be applied: [11]

It is important to note that the requirements set out in this Act generally cannot be waived since they are minimum requirements. [12]

Part II: Hiring Employees

The provisions in this section deal with topics such as the hiring of children, the licensing of employment and talent agencies and farm labour contractors, and requirements for those working as domestics and working in residences. [13]

Part III: Wages, Special Clothing and Records

The general minimum is $15.20 per hour since June 1, 2021. There are also special minimum wages in the Regulations for certain types of employees, such as home support workers and farm workers. [14]

Wages can be paid by cash, cheque, draft or money order. Direct deposit can be used only if expressly authorized. [15] Wages should be paid semi-monthly, with no more than 16 days between pay days, and no more than 8 days after the pay period. [16]

An employer cannot directly or indirectly withhold wages, and cannot require employees to contribute towards the costs of business (except under the Regulation). [17]

A wage statement must be provided to the employee on each pay day unless it would be the same as the statement given in the last pay period. [18]

Part IV: Hours of Work and Overtime

Employees are to receive a 30-minute meal break at least once every 5 hours. This break is to be unpaid, unless the employee is required to work or to be available for work during the break. [19]

With regard to minimum daily hours: [20]

With regard to the maximum hours of work before overtime applies: [21]

An employer must allow an employee at least 32 consecutive hours free from work each week or pay 1.5 times the regular wage rate for the time worked during that 32-hour period. An employee is also entitled to have 8 hours off between shifts unless required to work because of an emergency. [22]

Part V: Statutory Holidays

The following are statutory holidays in British Columbia:

An employee is entitled to statutory holiday pay if they have been employed for at least 30 consecutive days and has worked or earned wages for at least 15 of 30 calendar days before the holiday. [24]

Part VI: Leaves and Jury Duty

Pregnancy Leave: Unpaid leave for employees giving birth to a child

The length of the leave depends on when the request is made, and whether there are any complications with the pregnancy.

Parental Leave: Unpaid leave for natural or adoptive parents of a child

The length and timing of the leave depends on the relationship of the employee to the child.

For birth parents: [26]

For adoptive parents: [27]

There is a maximum of 52 weeks of unpaid leave. [28]

In addition, there are a few other types of leave that are outlined in the Act, including family responsibility leave, compassionate care leave, reservists' leave, and bereavement leave. [29]

Part VII: Annual Vacation

Employees are entitled to annual vacation. If an employee has been with the same employer for 12 consecutive months, they are entitled to 2 weeks per year. If the employee has been with the employer for 5 consecutive years, they are entitled to 3 weeks per year. [30]

Part VIII: Termination of Employment

The amount of notice or pay in lieu of notice than an employee is entitled to depends on their length of service with their employer. [31]

Additional notice is required where a large number of employees are terminated at a single location within a 2-month period. [32]

Exceptions: [33]

There are other sections of the Act that deal with Termination of Employment Variances; Complaints, Investigations and Determinations; Enforcement; Employment Standards Tribunal; Appeals; General Provisions; Transitional and Consequential Provisions.

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References

  1. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 3
  2. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 4
  3. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 2
  4. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 1
  5. ↑ Canada Labour Code, RSC 1985 c L-2, s 4
  6. ↑ BC Employment Standards Act Regulation, s 31
  7. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 3(2)
  8. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 3(3)
  9. ↑ BC Employment Standards Act Regulation, s 34(f)
  10. ↑ BC Employment Standards Act Regulation, s 1
  11. ↑ BC Ministry of Labour, Citizens' Services and Open Government - Interpretation Guidelines Manual: British Columbia Employment Standards Act and Regulations BC Ministry of Labour, Citizens' Services and Open Government - Interpretation Guidelines Manual: British Columbia Employment Standards Act and Regulations
  12. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 4
  13. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 8-15
  14. ↑ BC Employment Standards Act Regulation, s 15-18
  15. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 20
  16. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 17
  17. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 21
  18. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 27
  19. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 32
  20. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 34
  21. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 35
  22. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 36
  23. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 1
  24. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 44
  25. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 50
  26. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 51
  27. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 51
  28. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 51
  29. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 52-53
  30. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 57
  31. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 63
  32. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 64
  33. ↑ BC Employment Standards Act, RSBC 1996 c 113, s 65
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