Working in BC

This section looks at laws that apply to the workplace in British Columbia.

Accepting a job

When you accept a job, you enter into a legal agreement with the employer. This is called your employment contract. Your employer agrees to pay you a wage in return for your work.

The employment contract typically sets out other details as well. For example, things like how much vacation you get, how many sick days you can take, and the rules around overtime.

Your employment contract might take the form of a written agreement you sign. Or it could be in a letter or email you receive from the employer before you start working. It could even be partly in an office policy manual or staff handbook.

BC employment standards

In BC there’s a law that protects the rights of workers. It’s called the Employment Standards Act. This law sets minimum standards for working conditions. It covers:

• the minimum amount a worker can be paid
• hours of work and overtime
• vacation and statutory holidays
• getting time off work if you’re sick and for certain other reasons
• ending employment

We explain key parts of this law shortly.

The Employment Standards Branch administers this law. This is a government office that helps workers and employers resolve problems. The branch can be reached at 1-800-236-3700 (toll-free).

Most workers are protected by employment standards law

The Employment Standards Act applies to employees. The definition of who is an employee is very broad. It’s intended to cover as many work relationships as possible.

But not everyone is covered by this law. Some types of workers are not included. For example, it doesn’t cover those working in certain licensed professions (such as architects and lawyers). It doesn’t cover babysitters or students working at their school or in work-study programs.

As well, independent contractors aren’t covered. Unlike employees, independent contractors are hired by the employer to perform a service. They are in business for themselves.

Some workers are covered by parts of the Act but not all of it. For example, farm workers are protected by some but not all sections of the Act.

Minimum wage

Employees are entitled to a minimum wage. An employer can’t pay an employee less than this wage. As of June 1, 2021, the general minimum wage in BC is $15.20 per hour. Special minimum wage rates apply for some jobs, such as farm workers who pick crops by hand. The rates change from time to time.

Both full-time and part-time workers have the right to minimum wage.

Overtime pay

Employees are entitled to overtime wages if they work more than eight hours per day or 40 hours per week. (There is one exception: if they agree to average their hours. The employer can then compress the work week into fewer, longer work days without paying the usual overtime.)

The amount of overtime pay depends on the number of extra hours an employee works.

After eight hours of work in one day, the employer must pay one-and-a-half times your regular pay for each extra hour you work. This is called time-and-a-half.

After 12 hours, your employer must pay two times your regular pay for each additional hour you work. This is called double-time.

Meal breaks

Your employer mustn’t allow you to work more than five consecutive hours without a meal break. Each meal break must be at least half an hour long.

Employers are not required to provide coffee breaks.

Statutory holidays

There are ten public holidays in BC. They are called statutory holidays because the Employment Standards Act says they are holidays. Statute is another name for a law made by the government.

On statutory holidays, employees are entitled to the day off with pay, or to extra pay for working on the holiday.

The statutory holidays in BC are:

• New Year's Day
• Family Day
• Good Friday
• Victoria Day
• Canada Day
• British Columbia Day
• Labour Day
• Thanksgiving Day
• Remembrance Day
• Christmas Day

Easter Sunday, Easter Monday, National Day for Truth and Reconciliation, and Boxing Day are not statutory holidays, though many employers will offer employees a day off with pay on those dates.

Vacation

As an employee, after your first 12 months in the job, the employer has to give you at least two weeks paid vacation every year. If you’ve worked for the same employer for five years or more, your employer has to give you at least three weeks paid vacation every year.

These vacation minimums are in addition to statutory holidays.

Leave

Employees are entitled to take leaves from work for a range of reasons.

Expectant mothers are entitled to 17 weeks off work, without pay, to have their baby. This is called maternity leave. It’s also sometimes referred to as pregnancy leave.

An employer can’t fire a worker because she is pregnant. And when she returns to work, she must get back her old job or a similar job for at least the same pay.

Any parent is entitled to a period of unpaid parental leave from work when their child is born or adopted.

An employee is entitled to sick leave. Over the course of a year, you’re entitled to at least five days of paid sick leave and three days of unpaid leave if you can’t work due to personal illness or injury.

There is also a family responsibility leave. This allows you up to five days of unpaid leave to help with the care, health or education of an immediate family member.

People’s Law School explains these and other types of leave.

Leaving or losing your job

Generally speaking, an employer can fire a worker whenever they want as long as they give notice of termination. The employer can do this in two ways. They can tell the worker ahead of time, or pay them instead.

Notice requirements

Under the Employment Standards Act, employees who lose their job are entitled to receive a minimum amount of notice or pay based on length of service:

• after three consecutive months of employment — one week
• after 12 consecutive months of employment — two weeks
• after three consecutive years — three weeks, plus one week for each additional year of employment to a maximum of eight weeks

For example: Chui worked in a store for six months. After Christmas, her employer said, "Today is your last day." She gave Chui one week’s extra pay.

An employer can give either advance notice or pay. The notice must be in writing.

You may be entitled to more than these minimum requirements. The notice you get must be reasonable — unless you have an employment contract that says differently. How much is reasonable depends on factors such as how long you’ve been in the job, the type of job, and your age.

People’s Law School has more on what is reasonable notice.

Getting fired for "just cause"

Workers can lose their job without notice or pay if they do something seriously wrong. This is called being fired for just cause. Examples of when an employer might have just cause to fire you are if you are dishonest about something important or you steal from the employer.

Getting laid off

Sometimes an employer does not have enough work for their workers or does not have money to pay the bills. The employer might lay off the workers for a few weeks.

A layoff is usually temporary. The employer doesn’t have to tell you ahead of time. If the layoff lasts longer than 13 weeks in a 20-week period, it means your employment has ended.

If the layoff is permanent and your employment has ended, the employer must give you notice of termination. That is, they must give you advance notice or pay as described above.

Quitting your job

Workers can quit a job at any time. However, they must give notice ahead of time if they plan to do so. Two weeks of notice is considered customary.

If you can, it’s a good idea to give plenty of notice that you are quitting. This is especially so if you want your employer to give a good report about your character and abilities when you apply for another job. This is called giving a reference.

People’s Law School has more on your rights if you are leaving a job.

Employment insurance (EI)

Employment insurance is a federal government program that all workers and employers pay into. It’s often known just by its initials: EI.

EI is meant to help workers when they lose their jobs, or need time off work.

There are several types of employment insurance benefits:

• Regular benefits are for people who lose their jobs through no fault of their own.
• Maternity and parental benefits are for those who are pregnant, have recently given birth, are adopting a child, or are caring for a newborn.
• Sickness benefits are for people who cannot work because of sickness or injury.
• Caregiving benefits are for people who have to care or support a family member who is critically ill or injured or requires end-of-life care.

To apply for EI benefits, you need to fill out an application for EI at a Service Canada office or online. You have to work a certain number of weeks before you can apply for benefits.

If you lost your job because you quit or got fired, it will be difficult to get EI benefits.

People’s Law School explains how to apply for EI benefits.

Safety at work

Getting hurt on the job

Sometimes workers get hurt or sick on the job. Workers' compensation is a program that helps.

WorkSafeBC runs this program. They make safety rules and send inspectors to workplaces to check if they are safe. Employers pay for this protection. There is no cost to workers.

Workers who can’t work because of an accident at work or illness may get money from the workers' compensation program. If a worker dies at work, the family may get compensation.

People’s Law School has more on workers’ compensation.

Discrimination at work

In Canada, the law protects workers from discrimination. An employer is expected to hire workers on the basis of skills, experience and education needed for the job.

It is discrimination if an employer doesn't give you a job because of any of these personal characteristics:

• your race, colour, ancestry, Indigenous identity, or place of origin
• your age
• your sex, sexual orientation, or gender identity or expression
• your marital or family status
• your political belief or religion
• any physical or mental disability
• any criminal convictions that are unrelated to the job

The law also protects you against discrimination while you are on the job. This might take the form of being treated differently or poorly, compared to others, because of one of the personal characteristics listed above.

If an employer discriminates against you, you can make a complaint to the Human Rights Tribunal. For more on making a human rights complaint, contact the BC Human Rights Clinic.

Belonging to a union

A union is a group of workers who join together to negotiate wages and working conditions with the employer. Everyone has the right to form a union if most of the workers want a union. Unions are for the protection of workers.

If you are a member of a union, the union will talk through issues with your employer. Together, they will decide about pay, vacation time, sick leave, and other benefits. This is called collective bargaining. They will write a contract. This is called a collective agreement.

The collective agreement sets out your rights and working conditions. If you have a problem with your employer, talk to the union. The union will meet with the employer to discuss the concerns.

There are rules for unions, saying what they can and can’t do. These rules are set out in the Labour Relations Code.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2022.

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