The Employment Standards Act sets minimum standards for employees in British Columbia. It covers topics such as minimum wage, hours of work, overtime, time off, statutory holidays, vacation time, termination notice periods, and more. The minimum wage is currently $13.86 per hour and will increase to $14.60 in June 2020 and $15.20 in June 2021. Employers must keep records for employees for up to 2 years including wages, hours worked, deductions, and benefits. The Act protects employees by prohibiting certain deductions from wages and requiring notice periods and severance pay for termination without cause.

1. Employment Standards Act
What does the Act cover?

2. Introduction
• What is Employment Standards Act?
• What does the Act cover?
• Deductions
• Example
• Important
• Statistics
• Contact info & References

3. What is Employment StandardsAct?
• The Employment Standards Act is a legislature design to
protects employees and employers in BC. It is a provincial Act
that sets minimum standards in the workplace, and may vary
depending on the province.
• This Act applies to all non-union employees including temporary
foreign workers.

4. What DoesThe Act Cover?
The Act covers work related topics such as: minimum pay, hours of work, time
off, notice and severance pay upon termination, and other basic terms and
conditions of employment.

5. Minimum Wage in BCAmount:
• The minimum wage in B.C. is $13.86 an hour (as of June 1, 2019).
• June 1, 2020 – $14.60 an hour
• June 1, 2021 – $15.20 an hour
How is it paid:
• Hourly
• Salary
• commission

6. Employee Records
• Employers keep employee records for up to 2 years
• Must include:
• Wage
• Hours worked
• Statutory holidays
• Benefits
• Gross and net wage
• Deductions
• Stat holidays taken

7. Work Hours & Overtime
• Hours of work, time off between shifts, days off daily pay and
overtime
• Employee exceeding eight hours gets time-and-a-half
• double time after 12 hours
• 30-minute unpaid meal break
• coffee breaks are not a requirement

8. Minimum Daily Pay
• Employer must pay a minimum of two hours if the employee reports to work
even if they work less than two hours
• Employer must pay at least four hours if a scheduled employee is to work for
more than eight hours
• If work is interrupted due to unforeseen circumstances the employer is
obligated to pay a minimum of two hours or the actual time worked,
whichever is the greater

9. Paydays
• At least twice a month.
• pay period can’t exceed 16 days
• Earnings must be paid within eight days of the pay period
• employees must receive (pay stub) clearly showing deductions
• Paid statutory holiday
• Time and a half if you work on stat holiday
• Employees under 30 days of employment do not qualify
• If an employee works 15 out of 30 days before a stat holiday they qualify

10. Statutory Holidays in BC
• The ten statutory holidays in British Columbia are:
NewYear’s Day B.C. Day
Family Day Labour Day
Victoria Day Remembrance Day
Canada Day Christmas Day
Good Friday Thanksgiving Day
Easter Sunday, Easter Monday, Boxing Day are not statutory holidays.

11. Deductions
• Deductions
• income tax
• EI and CPP
• Other deductions may be made via written consent by the employee
An employer cannot deduct from an employee
• his/her business cost or loss
• See example on next slide

12. Example
• For example if a server drops a plate or has a situation of
Dine and Dash, the employee is not expected to pay for the
loss revenue.

13. Vacation
• After one year 2 weeks paid vacation
• After 5 years 3 weeks paid vacation
• 5 days a week must get 4% of wages earned for the first year and
after 5 years this increases to 6%
• Vacation pay is not payable if a person is employed for five
calendar days or less.
• less than 1 year is not entitled to take a vacation, but must be
paid 4% vacation pay upon termination
• Vacation must be taken within 12 months of being earned

14. Unpaid Leave
• Employers are required to provide the following unpaid leaves:
Pregnancy & Parental
Family responsibility
Compassionate Care
Bereavement Leave
Jury Duty
Reservists' (military reserve)

15. Termination of Employment (non union)
• To be eligible for compensation, written working notice, or a combination of both:
• After 3 months – one week
• After 12 months – two weeks
• After 3 years – one week for each year of to a maximum of eight weeks.
• Final wages must be paid within 48 hours
• If employee quits 6 days
• under 3 months doesn’t require any of the above
• No compensation is required if :
employee quits, Retires, and or is terminated for just cause

16. Important
Requirements of this Act cannot be waived
Employer must promote awareness of the Act

17. Employing minors under 15
• Employers must obtain a parent or guardian’s written consent
before employing anyone under the age of 15

18. Statistics
• receives an average of 6,778 complaints per year
• recovers an average of $6.6 million in unpaid wages per year
• issues an average of 718 penalties totaling $437,000 per year

19. Contact info, References, and Forms
• Contacting the Employment Standards Branch
• For general inquiries, contact the Employment Standards Branch Information Line
at 1 800 663-3316
• 1 833 236-3700
• http://www.bclaws.ca/Recon/document/ID/freeside/00_96113_01#section32
• http://www.labour.gov.bc.ca/esb/esaguide/

20. Education Seminars
• Seminars are free to attend and done over the phone. You need to register at least 24
hours before to reserve your seat.
• Register for an education seminar by email to ESB.Compliance@gov.bc.ca. Include the
following information:
• Your name and email address
• The seminar topic and date would you like to attend
• Questions you'd like answered during the session
• You'll receive a confirmation email (usually within one day) along with dial-in information
for the seminar.