Employment Standards

A Guide to the Employment Standards Act

The Employment Standards Act sets out the minimum standards that apply in most workplaces in British Columbia.

The Employment Standards Branch administers the Act.

This Act applies to all non-union employees who fall under provincial jurisdiction, including temporary foreign workers.

This Act applies to all non-union employees who fall under provincial jurisdiction, including temporary foreign workers.

Alternate provisions apply to certain sectors including high technology, agriculture, taxis, trucking, log harvesting, silviculture and oil and gas.

Alternate provisions apply to certain sectors including high technology, agriculture, taxis, trucking, log harvesting, silviculture and oil and gas.

Minimum wage applies to all employees regardless of how they are paid - hourly, salary, commission or other incentive basis.

Minimum wage applies to all employees regardless of how they are paid - hourly, salary, commission or other incentive basis.

Employees who serve liquor are entitled to the liquor server minimum wage.

Tips or gratuities are not wages.

An employee who is not in compliance with WorkSafe BC occupational health and safety regulations only has to be paid for the time actually worked.

An employee who is not in compliance with WorkSafe BC occupational health and safety regulations only has to be paid for the time actually worked.

Employers are not required to provide coffee breaks.

Employees must receive a written or electronic pay statement (pay stub) each pay day that gives all details about hours worked, rate(s) of pay, earnings and deductions.

Special clothing includes a requirement to wear the garments that the business is currently selling.

A dress code (no jeans, no cut-offs, dark clothing, business casual) is not a uniform.

Employers and employees can agree that the employer will reimburse employees for cleaning and maintaining the special clothing.

Personal safety equipment required by the Workers’ Compensation Board is not considered special clothing unless the equipment also associates the wearer with the image or identity of the employer.

An employer must make deductions from wages required by law (e.g., income tax, EI, CPP).

Statutory Holidays

Before employing anyone under 15 years of age, an employer must have written consent from the employee’s parent or guardian.

Before employing anyone under 15 years of age, an employer must have written consent from the employee’s parent or guardian.

Compensation for Length of Service (if no written notice of termination)

After three months of consecutive employment an employee may be eligible for compensation, written working notice, or a combination of the two as follows:

After three months of consecutive employment an employee may be eligible for compensation, written working notice, or a combination of the two as follows:

A birth father or an adopting parent is entitled to take up to 37 consecutive weeks of unpaid leave.

Bereavement Leave: An employee is entitled to take up to three days of unpaid leave on the death of a member of the employee’s immediate family.

This leave may be for purposes other than to attend a funeral.

Reservists' Leave: An employee who is a reservist is entitled to take unpaid leave while deployed to a Canadian Forces operation, including pre-deployment and post-deployment activities, or while deployed to assist with an emergency.

Employees are not required to give notice in writing or disclose personal or private information.

Collective Agreements

Some areas, such as overtime rates and statutory holidays can be negotiated outside the Act; however, if there is no provision in a collective agreement, the Act applies in these areas.

Any disputes about minimum standards under a collective agreement must be resolved through the grievance procedure.

Any disputes about minimum standards under a collective agreement must be resolved through the grievance procedure.

If that is not possible a decision is issued which includes mandatory administrative penalties.