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Note: This is just for website internal use. readers please go to the link bellow to get the official copy. The Original Act in from http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01#section14
Employment Standards Act[RSBC 1996] CHAPTER 113Part 1 — Introductory Provisions 1 (1) In this Act: "assignment of wages" includes a written authorization to pay all or part of an employee's wages to another person; "collective agreement" means the same as in the Fishing Collective Bargaining Act, the Labour Relations Code, or the Public Service Labour Relations Act; "conditions of employment" means all matters and circumstances that in any way affect the employment relationship of employers and employees; "construction" means the construction, renovation, repair or demolition of property or the alteration or improvement of land; "day" means (a) a 24 hour period ending at midnight, or (b) in
relation to an employee's shift that continues over midnight, the 24
hour period beginning at the start of the employee's shift; "determination" means any decision made by the director under section 30 (2), 66, 68 (3), 73, 76 (3), 79, 100 or 119; "director" means the Director of Employment Standards appointed under the Public Service Act and, in relation to a function, duty or power that the director has under section 117 of this Act delegated to another person, "director" includes that other person; "domestic" means a person who (a) is employed at an employer's private residence to provide cooking, cleaning, child care or other prescribed services, and (b) resides at the employer's private residence; "employee" includes (a) a person, including a deceased person, receiving or entitled to wages for work performed for another, (b) a person an employer allows, directly or indirectly, to perform work normally performed by an employee, (c) a person being trained by an employer for the employer's business, (d) a person on leave from an employer, and (e) a person who has a right of recall; "employer" includes a person (a) who has or had control or direction of an employee, or (b) who is or was responsible, directly or indirectly, for the employment of an employee; "employment agency" means a person who, for a fee, recruits or offers to recruit employees for employers; "farm labour contractor" means
an employer whose employees work, for or under the control or direction
of another person, in connection with the planting, cultivating or
harvesting of an agricultural product; "former Act" means the Employment Standards Act, S.B.C. 1980, c. 10; "immediate family" means (a) the spouse, child, parent, guardian, sibling, grandchild or grandparent of an employee, and (b) any person who lives with an employee as a member of the employee's family; "insolvency Act" means the Bankruptcy and Insolvency Act (Canada), the Companies' Creditors Arrangement Act (Canada) or the Winding-up and Restructuring Act (Canada); "Labour Relations Board" means the board as defined in the Labour Relations Code; "overtime wages" means the wages an employee is entitled to receive under section 37 (4), (5) or (6) or 40; "pay period" means a period of up to 16 consecutive days of employment; "payroll record" means a record required under section 28 to be kept by an employer; "penalty" means a monetary penalty imposed under section 98; "producer" means a person who engages the services of a farm labour contractor; "regular wage" means (a) if an employee is paid by the hour, the hourly wage, (b) if
an employee is paid on a flat rate, piece rate, commission or other
incentive basis, the employee's wages in a pay period divided by the
employee's total hours of work during that pay period, (c) if
an employee is paid a weekly wage, the weekly wage divided by the
lesser of the employee's normal or average weekly hours of work, (d) if
an employee is paid a monthly wage, the monthly wage multiplied by 12
and divided by the product of 52 times the lesser of the employee's
normal or average weekly hours of work, and (e) if
an employee is paid a yearly wage, the yearly wage divided by the
product of 52 times the lesser of the employee's normal or average
weekly hours of work; "representative member" means a member of the tribunal appointed under section 102 (c); "right of recall" means
the right of an employee under a collective agreement to be recalled to
employment within a specified period after being laid off; "settlement agreement" means a settlement agreement under section 78; "special clothing" includes a uniform and a specified brand of clothing; "statutory holiday" means
New Year's Day, Good Friday, Victoria Day, Canada Day, British Columbia
Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and
any other holiday prescribed by regulation; "talent agency" means
a person that, for a fee, engages in the occupation of offering to
procure, promising to procure or procuring employment for actors,
performers, extras or technical creative film personnel; "temporary layoff" means (a) in
the case of an employee who has a right of recall, a layoff that
exceeds the specified period within which the employee is entitled to be
recalled to employment, and (b) in any other case, a layoff of up to 13 weeks in any period of 20 consecutive weeks; "termination of employment" includes a layoff other than a temporary layoff; "termination pay" means,
for each week of notice an employee is entitled to, the amount obtained
by totalling the employee's weekly wages, at the regular wage, during
the last 8 weeks in which the employee worked normal or average hours of
work and dividing the total by 8; "time bank" means a time bank established under section 42 at the request of an employee; "trade union" means the same as in the Labour Relations Code; "tribunal" means the Employment Standards Tribunal; "wages" includes (a) salaries, commissions or money, paid or payable by an employer to an employee for work, (b) money that is paid or payable by an employer as an incentive and relates to hours of work, production or efficiency, (c) money,
including the amount of any liability under section 63, required to be
paid by an employer to an employee under this Act, (d) money required to be paid in accordance with (i) a determination, other than costs required to be paid under section 79 (1) (f), or (ii) a settlement agreement or an order of the tribunal, and (e) in
Parts 10 and 11, money required under a contract of employment to be
paid, for an employee's benefit, to a fund, insurer or other person, but does not include (f) gratuities, (g) money that is paid at the discretion of the employer and is not related to hours of work, production or efficiency, (h) allowances or expenses, (i) penalties, and (j) an administrative fee imposed under section 30.1; "week" means a period of 7 consecutive days beginning, (a) for the purpose of calculating overtime, on Sunday, (b) for the purposes of sections 37 and 52.1, on Sunday, and (c) for any other purpose, on any day; "work" means the labour or services an employee performs for an employer whether in the employee's residence or elsewhere. (2) An
employee is deemed to be at work while on call at a location designated
by the employer unless the designated location is the employee's
residence. |