Table of contents
Employment law in British Columbia (BC) is designed to protect both employees and employers by setting out rights and obligations in the workplace. This guide provides an overview of key aspects of employment law in BC, including employment standards, human rights, and health and safety regulations. Additionally, we’ll address frequently asked questions to help clarify common concerns.
Employment Standards
The Employment Standards Act (ESA) is the primary legislation governing employment relationships in BC. It establishes minimum standards for wages, hours of work, overtime, vacations, leaves of absence, and termination of employment.
Minimum Wage
As of June 1, 2024, the minimum wage in BC is $17.40 per hour. Employers must pay employees at least this amount, regardless of whether they are paid hourly, salary, commission, or by piece rate.
Hours of Work and Overtime
- Regular Hours: The standard workweek in BC is 40 hours, and the standard workday is eight hours.
- Overtime Pay: Employees are entitled to overtime pay of 1.5 times their regular wage for any hours worked beyond eight in a day or 40 in a week. For hours worked beyond 12 in a day, the rate increases to double the regular wage.
Rest Periods and Breaks
- Meal Breaks: Employees are entitled to a 30-minute unpaid meal break after five consecutive hours of work.
- Rest Periods: Employers are encouraged to provide additional rest periods, though these are not mandated by the ESA.
Vacation and Leaves
- Vacation: Employees earn two weeks of vacation time after 12 consecutive months of employment, increasing to three weeks after five years with the same employer. Vacation pay is a minimum of 4% of gross earnings for the first five years and 6% thereafter.
- Leaves of Absence: The ESA provides for various types of leaves, including maternity leave, parental leave, family responsibility leave, and compassionate care leave.
Human Rights in the Workplace
The BC Human Rights Code prohibits discrimination in employment on the basis of race, color, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, age, and political belief.
Harassment and Bullying
Employers have a legal obligation to maintain a workplace free from harassment and bullying. This includes taking reasonable steps to prevent and address any such behavior. Harassment can include unwelcome conduct, comments, or actions that create an intimidating, hostile, or offensive work environment.
Duty to Accommodate
Employers must accommodate employees with disabilities to the point of undue hardship. This can include making adjustments to the work environment, modifying job duties, or providing assistive devices.
Health and Safety
WorkSafeBC is the organization responsible for promoting workplace health and safety in BC. Employers are required to ensure the health and safety of their workers by providing safe working conditions, proper training, and necessary protective equipment.
Workplace Safety Programs
Employers must develop and implement a comprehensive health and safety program that includes:
- Hazard Identification and Risk Assessment: Identifying potential hazards and assessing the risks they pose to workers.
- Safe Work Procedures: Establishing procedures to mitigate risks and ensure safe working practices.
- Emergency Preparedness: Preparing for potential emergencies, including providing training and conducting regular drills.
Reporting and Investigating Incidents
Employees must report any workplace injuries or unsafe conditions to their employer. Employers are required to investigate incidents and take corrective actions to prevent recurrence. Serious incidents must be reported to WorkSafeBC.
Termination of Employment
The ESA outlines specific rules regarding the termination of employment, including notice periods and severance pay.
Notice of Termination
Employers must provide written notice or pay in lieu of notice when terminating an employee. The length of notice depends on the employee’s length of service:
- Less than 3 months: No notice required.
- 3 months to 3 years: One week’s notice.
- More than 3 years: One additional week’s notice for each year of service, up to a maximum of eight weeks.
Just Cause for Dismissal
An employer may terminate an employee without notice if there is just cause, such as serious misconduct, dishonesty, or gross negligence. The burden of proving just cause lies with the employer.
If you are laid off temporarily, the layoff cannot exceed 13 weeks in a consecutive 20-week period. If the layoff exceeds this period, it is considered a termination, and you are entitled to notice or severance pay.
Employers can make reasonable changes to job duties or work locations, provided these changes are consistent with the employment contract and do not fundamentally alter the terms of employment. Significant changes without consent may constitute constructive dismissal, entitling the employee to severance.
If you experience workplace harassment, report it to your employer or human resources department. Employers are required to investigate and address harassment complaints. If the issue is not resolved, you can file a complaint with the BC Human Rights Tribunal.
If you believe you are owed wages, you can file a complaint with the Employment Standards Branch. The Branch will investigate and, if necessary, order your employer to pay any wages owed.
Pregnant employees are entitled to up to 17 weeks of unpaid maternity leave. This can be followed by up to 61 weeks of unpaid parental leave. Employers must reinstate employees to their previous position or a comparable one upon their return.
Yes, there are special regulations for employing young workers (under 18 years old). For example, workers aged 14 or 15 must have written consent from a parent or guardian, and employers must ensure the work does not interfere with their schooling.
Salaried employees are entitled to overtime pay unless they fall under specific exemptions, such as managers or certain professionals. The calculation of overtime pay for salaried employees can be complex, and it’s recommended to consult the ESA or seek legal advice for specific situations.
Employees are entitled to a day off with pay for public holidays. If an employee works on a public holiday, they are entitled to 1.5 times their regular wage for the first 12 hours and double their regular wage for any hours beyond 12, in addition to their regular day’s pay.
Pax Law can help you!
Employment law in British Columbia provides a robust framework to ensure fair treatment and protect the rights of both employees and employers. Understanding these laws helps create a respectful, safe, and productive work environment. If you have specific concerns or questions, it’s always a good idea to consult the relevant legislation or seek legal advice.
Our lawyers and consultants are willing, ready, and able to assist you. Please visit our appointment booking page to make an appointment with one of our lawyers or consultants; alternatively, you can call our offices at +1-604-767-9529.
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