HOURS OF WORK |
8 hours per day max before overtime
applies 35(1)
40 hours per week max before overtime applies
35(1)
These requirements may be extended or modified by
averaging agreement, in which an employer and employee may agree to
average the employee's hours of work over a period of either
1,2,3 or 4 weeks 35(2)
An employer must not require or directly or indirectly
allow an employee to work excessive hours or hours detrimental to
the employee's health or safety 39 |
EATING PERIODS |
Employer must ensure:
- That no employee works more than 5 consecutive hours without a
meal break, and
- That each meal break lasts at least a ½ hour
32(1)
Employers who require employees to work or to be available
during meal breaks must count the meal break as time worked
32(2)
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REST PERIODS |
Employers must either
- ensure than an employee has at least 32 consecutive hours free
from work each week, or
- pay an employee 1 ½ times their regular wage for time
worked during the 32 hour period that they would otherwise be
entitled to have free from work 36(1)
Employees must have at least 8 consecutive hours free from work
between each shift worked, except in the case of an emergency.
36(2),(3)
Residential care workers who are required by an employer to remain
on the premises for a 24 period must have a scheduled rest period
of 8 or more consecutive hours during the 24 hour period BC
Reg 396/95 22(1), and must be paid for each interruption
at their regular wage for the longer of (a) 2 hours, or (b) the
number of hours of work caused by the interruption of the rest
period BC Reg 396/95 22(2).
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OVERTIME |
Overtime threshold for employees not
working under an averaging agreement is as follows:
- over 8 hours in one day – employer must pay 1 ½
times the employee's regular wage for time over 8 hours
40(1)(a)
- over 12 hours in one day – employer must pay double the
employee's regular wages for time over 12 hours
40(1)(b)
- over 40 hours in one week – employer must pay 1 ½
times the employee's regular wages for time over 40 hours,
where only the first 8 hours worked by an employee are counted each
day 40(2),(3)
An employer and employee may agree to average the employee's
hours of work over a period of 1,2,3 or 4 weeks for the purpose of
determining an employee's entitlement to overtime wages
("averaging agreement") 37(1).
Employees may request for employers to establish a time
bank and credit the employee's overtime wages instead of paying
them out normally 42(1). Employee's may at any
time request the employer to :
- pay all or part of the overtime wages credited to the time bank
42(3)(a);
- allow the employee to use the credited overtime wages to take
time off with pay 42(3)(b); or
- close the time bank 42(3)(c).
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MINIMUM WAGE |
Employers are required to pay minimum
wage as prescribed by regulation. 16(1)
As of May 16, 2014, the general minimum wage rate is
$10.25 per hour. BC Reg 396/95 15. In addition,
there are separate minimum wage rates for live-in home support
workers, live-in camp leaders, resident caretakers, farm workers,
and liquor servers. |
MINIMUM AGE |
Employer must not employ a child
under 15 years of age unless the person has obtained the written
consent of the child's parent or guardian 9(1)
A person must not employ a child under 12 years of age without the
director's permission 9(2), and on permitting employment the
director may set the conditions of the employment of the child
9(3) |
VACATION |
Employers are required to provide an
annual vacation of (a) at least 2 weeks, after 12 consecutive
months of employment, or (b) at least 3 weeks, after 5 consecutive
years of employment 57(1)
Employers must ensure that an employee takes an annual vacation
within 12 months after completing the year of employment entitling
the employee to the vacation 57(2), and an employer must allow an
employee to take it in periods of one or more weeks 57(3) |
HOLIDAYS |
Employers must comply with section 45
or 46 in respect of employees who have been employed for at least
30 calendar days before the statutory holiday and has (a) worked or
earned wages for 15 of the 30 calendar days preceding the holiday
or (b) worked under an averaging agreement at any time within that
30 calendar day period 44
Employees who are given a statutory holiday off, or who are given a
day off in lieu of the statutory holiday, must be paid an amount
equal to at least an average day's pay determined by the
formula: amount paid ÷ days worked 45(1)
Employees required to work on a statutory holiday must be paid for
that day 46:
- 1 ½ times their regular wage for the time worked up to
12 hours;
- double their regular wage for any time worked over 12 hours;
and
- an average day's pay, as determined by the formula in
section 45(1).
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EQUAL PAY |
Protection for pay equity in BC is
found under the Human Rights Code,
RSBC 1995, c 201, s 12
Employers must not discriminate between employees by
employing an employee of one sex for work at a rate of pay that is
less than the rate of pay at which an employee of the other sex is
employed by that employer for similar or substantially similar work
12(1) |
LEAVES OF
ABSENCE |
PREGNANCY – Up to 17
consecutive weeks of unpaid leave:
- beginning (a) no earlier than 11 weeks before the expect birth
date, and (b) no later than the actual birth date, and
- ending (a) no earlier than 6 weeks after the actual birth date,
and (b) no later than 17 weeks after the actual birth date
50(1)
Employee who requests leave after the birth of a child or the
termination of a pregnancy is entitled to up to 6 weeks unpaid
leave beginning on the date of birth or of the termination of the
pregnancy 50(2)
Employee entitled to additional 6 weeks unpaid leave if they are
for some reason unable to return to work after period in S50(2)
50(3)
PARENTAL –
- For a parent who take leave under s. 50 for the birth of a
child, up to 35 consecutive weeks of unpaid leave beginning after
the end of the leave taken under s. 50;
- For a parent, other than an adopting parent, who does not take
leave under s. 50, up to 37 consecutive weeks of unpaid leave
beginning after the child's birth and within 52 weeks after the
event; and
- For an adopting parent, up to 37 consecutive weeks of unpaid
leave beginning within 52 weeks after the child is placed with the
parent 51(1)
Employees are entitled to 5 additional weeks if the child has a
physical, psychological or emotional condition requiring an
additional period of parental care 51(2)
An employee's combined entitlement to leave is limited to 52
weeks plus any additional leave to which an employee is entitled
under s. 50(3) or 51(2) 51(4)
FAMILY RESPONSIBILITY- Up to 5 days of unpaid leave during
each employment year to meet responsibilities related to (a) the
care, health or education of a child in the employee's care, or
(b) the care or health of any other member of the employee's
immediate family 52
COMPASSIONATE CARE – Up to 8 weeks of unpaid leave to provide
care or support to a family member if a medical practitioner or
nurse issues a certificate stating that the family member has a
serious medical condition with a significant risk of death within
26 weeks 52.1(2)
RESERVISTS – An employee who is a reservist is
entitled to take unpaid leave for the period that (a) the employee
is deployed to a Canadian Forces operation outside Canada or is
engaged, either inside or outside Canada, in a pre-deployment or
post-deployment activity required in connection with such an
operation, or (b) the employee is deployed to an operation inside
Canada that is or will be providing assistance in dealing with an
emergency or with its aftermath 52.2(2)
BEREAVEMENT – Up to 3 days of unpaid leave on the death of a
member of the employee's immediate family 53
JURY DUTY – Employer has same duties with respect to
jury duty as any other leave 55.
Employers must give an employee who requests leave the
leave to which they are entitled 54(1). Employer
may not (a) terminate employment, or (b) change a condition of
employment without the employee's written consent
54(2). Upon completion of leave employer must
place employee in the same or comparable position as they held
prior to the leave 54(3).
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TERMINATION/SEVERANCE |
Employers must pay all wages owing
within 48 hours if the employer terminates the employment
18(1), and within 6 days if the employee
terminates the employment 18(2).
After 3 consecutive months of employment, the employer becomes
liable to pay an employee an amount equal to one week's wages
as compensation for length of service. 63(1) Per
63(2) the employer's liability for
compensation for length of service increases as follows:
- after 12 consecutive months of employment, to an amount equal
to 2 weeks' wages;
- after 3 consecutive years of employment, to an amount equal to
3 weeks' wages plus one additional week's wages for each
additional year of employment, to a maximum of 8 weeks'
wages.
Employer's obligations are also satisfied if
63(3)
- written notice of termination is given as follows:
- one week's notice after 3 consecutive months of
employment;
- 2 weeks' notice after 12 consecutive months of
employment;
- 3 weeks' notice after 3 consecutive years of employment,
plus one additional week for each additional year of employment, to
a maximum of 8 weeks' notice.
- a combination of written notice under subsection (3)(a) and
money equivalent to the amount the employer is liable to pay is
given, or
- the employee terminates the employment, retires from
employment, or is dismissed for just cause.
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EXEMPTIONS |
BC Reg 396/95 31 The
Act does not apply to an employee who is a practitioner of:
- Architecture
- Accounting
- Law
- Chiropody
- Dentistry
- Engineering
- Insurance
- Surveying
- Medicine
- Naturopathy
- Optometry
- Real estate
- Financial services
- Veterinary
- Forestry
BC Reg 396/95 32 the Act does not apply to any
of the following:
- A student employed by a board as defined in the School
Act
- A student enrolled at a secondary school involved in a work
study or occupational class
- A sitter
- A person receiving unemployment benefits
- A person participating in Youth Community Action while working
for financial credit towards post-secondary tuition fees under that
program
BC Reg 396/95 33 hours of work and overtime
requirements do not apply to any of the following:
- A fishing or hunting guide
- A person other than a percussion drill or diamond drill
operator employed in activities of staking, line cutting,
geological mapping, geochemical sampling and testing or geophysical
surveying or manual stripping;
- A teacher
- A noon hour supervisor, teacher's aide or supervision
aide
- A person employed part time by an institution that provides
training or instruction in a trade, occupation, vocation,
recreational activity or hobby and is owned or operated by a
municipality, regional district or the government
- A manager
- A tender vessel worker
- A guard, fire warden or fish camp worker employed in connection
with a commercial fishing operation
- A person employed on a towboat other than a boom boat, dozer
boat, or a camp tender
- A police officer
- A firefighter
- A commercial traveller
- An operator of a motor vehicle who is employed exclusively to
transport either students or people going to church
- The master or crew of a chartered boat
- Employees of BC Rail Ltd.
- Live-in home workers
- Counsellor, instructor, therapist or childcare worker employed
by a charity to assist with disabled persons
- Faculty member under the University Act or the
University of Northern British Columbia Act
- Professor as defined in the Royal Roads University
Act
- Instructor, counsellor, librarian or administrator employed by
an institution defined in the College and Institute Act or
by the British Columbia Institute of Technology
- A senior tutor, or tutor employed by the Open Learning
Agency
- A night attendant
- A residential care worker
- A live-in camp leader
- Teacher staff member as defined in the Technical University of
British Columbia Act
BC Reg 396/95 34.1 hours of work and overtime
requirements do not apply to farm workers
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