The Employment Standards Act

As mentioned in Dismissal of Employees, the Employment Standards Act is an important statute governing employment relationships in British Columbia. The Act covers the following matters:

  -   Hiring employees
  -   Wages
  -   Special clothing
  -   Payroll records
  -   Hours of work and overtime
  -   Statutory holidays
  -   Leaves and Jury Duty
  -   Annual vacation
  -   Termination of employment

If an employee has a complaint that she or he has been denied rights under the Employment Standards Act, a complaint may be filed with the Employment Standards Branch. The Branch will provide the employee with forms and assist the employee in trying to reach a settlement of the issue with the employer. If, ultimately, a compliant cannot be otherwise resolved, an Adjudication Hearing may be convened by the Branch to determine if there has been a breach of the Act and to make an award. That award could be filed in BC Supreme Court to become, effectively, or order of the Court.

A guide to the Employment Standards Act can be found at:
www.labour.gov.bc.ca/esb/esaguide/.

As well, the Employment Standards Branch publishes fact sheets relating to specific topics or industries covered by the Act. Those fact sheets can be found at:
www.labour.gov.bc.ca/esb/facshts/welcome.htm