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British Columbia Labor Laws

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    • It's good to know your rights when working in British Columbia.Worker image by Catabu from Fotolia.com

      British Columbia labor laws are governed by the Employment Standards Act. As labor laws vary from province to province, it's important for employees to know their rights in the area they are working. Some fields of work have regulations for the special circumstances in which they work. It is good for employees to double-check the standards in their field. Some areas that don't conform are high technology, agriculture, taxis and trucking.

    Wages and Overtime

    • The minimum wage in British Columbia is $8 an hour unless an employee doesn't have work experience from before Nov. 15, 2001. This would qualify him for the First Job/Entry-Level Wage of $6. After he has worked 500 hours with an employer, or combination of employers, he qualifies for the regular minimum wage.

      Full-time work is eight hours a day for 40 hours a week. Overtime is paid on a daily basis for any hours worked over eight hours in a day--for example, working nine or 10 hours in a day. Weekly overtime is paid for any hours worked over 40 hours in a week--for example, working an extra day a week. The overtime rate is 1 1/2 times the regular pay.

    Pay Obligations

    • Employees must be paid for at least two hours of work for any day they work. Employees who are scheduled for an eight-hour shift but are not needed for more than four hours must be paid for at least four hours. If the reason the shift can't be worked is out of the employer's control, the employee only needs to be paid for two hours. However, if the employee shows up to work in a condition where he can't do his job well, or he is not meeting health or safety regulations, he only needs to be paid for the hours worked.

    Payment Methods

    • Employees must be paid at least twice a month with no period longer than 16 days. A pay stub must be given to each employee at each pay period. The stub shows the hours worked, wage received and deductions.

      If employment ends, the employee must be paid within 48 hours of termination. If the employee quits her job, she must be paid the remainder of their wages within six days of the last day worked.

    Deductions

    • Employers cannot deduct the cost of uniforms or any business costs from an employee's paycheck. This includes any damages caused by the employee or any losses the company has suffered during the employee's shift, such as a customer not paying for an item or service.

      Employers must deduct income tax, CPP (Canadian Pension Plan), EI (Employement Insurance) and any other applicable taxes from the employee's paycheck.

    Minors

    • Employers must get written consent from an employee's parent or guardian if he is 15 or younger. Minors under 12 must have consent from the Director of Employment Standards.

    Holidays and Vacation Pay

    • Employees are entitled to two weeks of vacation time after being employed for one year. Vacation pay is at least 4 percent of the annual earnings. After five years, they get three weeks of vacation. Vacation pay is at least 6 percent of the annual earnings.

      Employees who have worked for 30 calendar days at a company before a statutory holiday and have worked for 15 of the 30 days before the holiday qualify for the day off with pay. If they work the holiday, they are paid time and a half for the first 12 hours and double time for the next 12 hours they work. There are nine annual statutory holidays in British Columbia.

    Leaves

    • Employees can take 17 weeks off for pregnancy leave, 35 to 37 weeks off for paternity leave, five days for family responsibility leave, 26 weeks for compassionate care leave, three days for bereavement leave, and time for jury duty. The length of time depends on how long the jury duty lasts.

      These leaves are unpaid, but when they end the employee must be able to return to her job. In the case of maternity and paternity, one or more parent may be able to qualify for compensation from the federal government.

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