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Employment Standards Act

2011-7-4 15:22| 发布者: Test| 查看: 344| 评论: 0

摘要: 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_ ...
Copyright (c) Queen's Printer, Victoria, British Columbia, C ...
Qp Date 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 113

Contents
Part 1 — Introductory Provisions
 Definitions
 Purposes of this Act
 Scope of this Act
 Requirements of this Act cannot be waived
 Promoting awareness of employment standards
 Repealed
 Repealed
Part 2 — Hiring Employees
 No false representations
 Hiring children
 10 No charge for hiring or providing information
 11 No fees to other persons
 12 Employment and talent agencies must be licensed
 13 Farm labour contractors must be licensed
 14 Written employment contract required for domestics
 15 Register of employees working in residences
Part 3 — Wages, Special Clothing and Records
 16 Employers required to pay minimum wage
 17 Paydays
 18 If employment is terminated
 19 If employee cannot be located
 20 How wages are paid
 21 Deductions
 22 Assignments
 23 Employer's duty to make assigned payments
 24 How an assignment is cancelled
 25 Special clothing
 26 Payments by employer to funds, insurers or others
 27 Wage statements
 28 Payroll records
 29 Repealed
 30 Producer and farm labour contractor are liable for unpaid wages
 30.1 Liability of farm labour contractor for transportation costs
 30.2 Enforcement of administrative fee
Part 4 — Hours of Work and Overtime
 31 Repealed
 32 Meal breaks
 33 Split shifts
 34 Minimum daily hours
 35 Maximum hours of work before overtime applies
 36 Hours free from work
 37 Agreements to average hours of work
 38 Repealed
 39 No excessive hours
 40 Overtime wages for employees not working under an averaging agreement
 41 Repealed
 42 Banking of overtime wages
 43 Repealed
Part 5 — Statutory Holidays
 44 Entitlement to statutory holiday
 45 Statutory holiday pay
 46 If employee is required to work on statutory holiday
 47 Repealed
 48 Substituting another day for a statutory holiday
 49 Repealed
Part 6 — Leaves and Jury Duty
 50 Pregnancy leave
 51 Parental leave
 52 Family responsibility leave
 52.1 Compassionate care leave
 52.2 Reservists' leave
 53 Bereavement leave
 54 Duties of employer
 55 Jury duty
 56 Employment deemed continuous while employee on leave or jury duty
Part 7 — Annual Vacation
 57 Entitlement to annual vacation
 58 Vacation pay
 59 Other payments or benefits do not affect vacation rights
 60 Common date for calculating vacation entitlement
 61 Repealed
Part 8 — Termination of Employment
 62 Definition
 63 Liability resulting from length of service
 64 Group terminations
 65 Exceptions
 66 Director may determine employment has been terminated
 67 Rules about notice
 68 Rules about payments
 69-70 Repealed
 71 Adjustment committee
Part 9 — Variances
 72 Application for variance
 73 Power to grant variance
Part 10 — Complaints, Investigations and Determinations
 74 Complaint and time limit
 75 If complainant requests identity be kept confidential
 76 Investigations
 77 Opportunity to respond
 78 Settlement agreements
 79 Determinations and consequences
 80 Limit on amount of wages required to be paid
 81 Notifying others of determination
 82 No other proceedings
 83 Employee not to be mistreated because of complaint or investigation
 84 Power to compel persons to answer questions and order disclosure
 84.1 Maintenance of order at hearings
 84.2 Contempt proceeding for uncooperative person
 84.3 Immunity protection
 85 Entry and inspection powers
 86 Power to reconsider
 86.1 No jurisdiction to determine constitutional question
 86.2 Director without jurisdiction to apply the Human Rights Code
Part 11 — Enforcement
 87 Lien for unpaid wages
 88 Payment of interest
 89 Demand on third party
 90 Failure to comply with demand
 91 Determination or order may be filed and enforced as judgment
 92 Seizure of assets
 93 Release of assets
 94 Wrongful removal of seized assets
 95 Associated employers
 96 Corporate officer's liability for unpaid wages
 97 Sale of business or assets
 98 Monetary penalties
 99 If money is paid to director
 100 Security to ensure compliance
 101 Publication of violators' names
 101.1 Searching of records
Part 12 — Employment Standards Tribunal
 102 Employment Standards Tribunal continued
 103 Application of Administrative Tribunals Act
 104 Chair may delegate authority
 105 Employees
 106 Organization of tribunal
 107-108 Repealed
 109 Other powers of tribunal
 110 Exclusive jurisdiction of tribunal
 111 Repealed
Part 13 — Appeals
 112 Appeal of director's determination
 113 Director's determination may be suspended
 114 After an appeal is requested
 115 Tribunal's orders
 116 Reconsideration of orders and decisions
Part 14 — General Provisions
 117 Director's power to delegate
 118 Right to sue preserved
 119 Extraprovincial certificates
 120 Warrant to carry out inspection powers
 121 Director cannot be required to give evidence in other proceedings
 122 Service of determinations, demands and notices
 123 Irregularities
 124 Limitation period
 125 Offences
 126 Evidence and burden of proof
 127 Power to make regulations
Part 15 — Transitional and Consequential Provisions
 128 Transition from former Act
 129 Transitional regulations

Part 1 — Introductory Provisions

Definitions

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.


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