Employment Standards Act (British Columbia)

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.

Part I: Introduction

This Act applies to all employees, with the exception of those expressly excluded by regulation. 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).

Objectives

The purposes of this Act are as follows:

(a) to ensure that employees in British Columbia receive at least basic standards of compensation and conditions of employment;

(b) to promote the fair treatment of employees and employers;

(c) to encourage open communication between employers and employees;

(d) to provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act;

(e) to foster the development of a productive and efficient labour force that can contribute fully to the prosperity of British Columbia;

(f) to contribute in assisting employees to meet work and family responsibilities.

Scope of the Act

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

"Employee" includes:

A person, including a deceased person, receiving or entitled to wages for work performed for another,

A person an employer allows, directly or indirectly, to perform work normally performed by an employee,

A person being trained by an employer for the employer's business

A person on leave from an employer, and

A person who has a right of recall

Exceptions

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

There are also some specific exemptions:

Professionals, such as accountants, engineers, dentists, lawyers

Students engaged in work study programs

In addition, if a collective agreement deals with:

Hours of work or overtime

Statutory holidays

Annual vacation or vacation pay

Seniority retention, recall, termination of employment or layoff

then corresponding provisions of the Act do not apply.