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The Employment Standards Act BC

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发表于 6/20/2017 22:46:40 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 6/20/2017 23:43 编辑

16  (1) An employer must pay an employee at least the minimum wage as prescribed in the regulations.
(2) An employer must not, directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages in a pay period to comply with subsection(1) in relation to any other pay period.
Paydays
17  (1) At least semimonthly and within 8 days after the end of the pay period, an employer must pay to an employee all wages earned by the employee in a pay period.
(2)Subsection (1) does not apply to
(a)overtime wages credited to an employee's time bank, or

(b)vacation pay.
40  (1) An employer must pay an employee who works over 8 hours a day, and is not working under an averaging agreement under section 37,
(a) 1 1/2 times the employee's regular wage for the time over 8 hours, and
(b) double the employee's regular wage for any time over 12 hours.
(2) An employer must pay an employee who works over 40 hours a week, and is not working under an averaging agreement under section 37, 1 1/2 times the employee's regular wage for the time over 40 hours.
(3) For the purpose of calculating weekly overtime under subsection (2), only the first 8 hours worked by an employee in each day are counted, no matter how long the employee works on any day of the week.
(4) [Repealed 2002-42-19.]

45  (1) An employee who is given a day off on a statutory holiday, or is given a day off instead of the statutory holiday under section 48, must be paid an amount equal to at least an average day's pay determined by the formula
  
amount paid ÷ days worked
  

  
where
  
  
  
  
amount paid
  
  
is the amount paid or payable to the employee for work that is done during and wages that are earned within the 30 calendar day period preceding the statutory holiday, including vacation pay that is paid or payable for any days of vacation taken within that period, less any amounts paid or payable for overtime, and
  
  
days worked
  
  
is the number of days the employee worked or earned wages within that 30 calendar day period.
  

(2) The average day's pay provided under subsection (1) applies whether or not the statutory holiday falls on the employee's regularly scheduled day off.

58  (1) An employer must pay an employee the following amount of vacation pay:
(a) after 5 calendar days of employment, at least 4% of the employee's total wages during the year of employment entitling the employee to the vacation pay;
(b) after 5 consecutive years of employment, at least 6% of the employee's total wages during the year of employment entitling the employee to the vacation pay.
(2) Vacation pay must be paid to an employee
(a) at least 7 days before the beginning of the employee's annual vacation, or
(b) on the employee's scheduled paydays, if
(i) agreed in writing by the employer and the employee, or
(ii) provided by the collective agreement.

(3) Any vacation pay an employee is entitled to when the employment terminates must be paid to the employee at the time set by section 18 for paying wages.
63  (1) After 3 consecutive months of employment, the employer becomes liable to pay an employee an amount equal to one week's wages as compensation for length of service.
(2) The employer's liability for compensation for length of service increases as follows:
(a) after 12 consecutive months of employment, to an amount equal to 2 weeks' wages;
(b) after 3 consecutive years of employment, to an amount equal to 3 weeks' wages plus one additional week's wages for each additional year of employment, to a maximum of 8 weeks' wages.
(3) The liability is deemed to be discharged if the employee
(a) is given written notice of termination as follows:
(i) one week's notice after 3 consecutive months of employment;
(ii) 2 weeks' notice after 12 consecutive months of employment;
(iii) 3 weeks' notice after 3 consecutive years of employment, plus one additional week for each additional year of employment, to a maximum of 8 weeks' notice;
(b) is given a combination of written notice under subsection (3) (a) and money equivalent to the amount the employer is liable to pay, or
(c) terminates the employment, retires from employment, or is dismissed for just cause.
(4) The amount the employer is liable to pay becomes payable on termination of the employment and is calculated by
(a) totalling all 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,
(b) dividing the total by 8, and
(c) multiplying the result by the number of weeks' wages the employer is liable to pay.
(5) For the purpose of determining the termination date under this section, the employment of an employee who is laid off for more than a temporary layoff is deemed to have been terminated at the beginning of the layoff.

79  (1) If satisfied that a person has contravened a requirement of this Act or the regulations, the director may require the person to do one or more of the following:
(a) comply with the requirement;
(b) remedy or cease doing an act;
(c) post notice, in a form and location specified by the director, respecting
(i) a determination, or
(ii) a requirement of, or information about, this Act or the regulations;
(d) pay all wages to an employee by deposit to the credit of the employee's account in a savings institution;
(e) employ, at the employer's expense, a payroll service for the payment of wages to an employee;
(f) pay any costs incurred by the director in connection with inspections under section 85 related to investigation of the contravention.
(2) In addition to subsection (1), if satisfied that an employer has contravened a requirement of section 8 or 83 or Part 6, the director may require the employer to do one or more of the following:
(a) hire a person and pay the person any wages lost because of the contravention;
(b) reinstate a person in employment and pay the person any wages lost because of the contravention;
(c) pay a person compensation instead of reinstating the person in employment;
(d) pay an employee or other person reasonable and actual out of pocket expenses incurred by him or her because of the contravention.
(3) In addition to subsection (1), if satisfied that an employer has contravened section 39, the director may require the employer to limit hours of work of employees to the hours or schedule specified by the director.
(4) The director may make a requirement under subsection (1), (2) or (3) subject to any terms and conditions that the director considers appropriate.
(5) The director must serve an employer with notice of a requirement imposed under subsection (1), (2) or (3), including any terms and conditions imposed under subsection (4).
(6) A person on whom the director imposes a requirement under this section must comply with that requirement.
(7) If the director requires a person to pay costs referred to in subsection (1) (f), the amount required to be paid is a debt due to the government and may be collected by the director in the same manner as wages.
(8) If satisfied that the requirements of this Act and the regulations have not been contravened, the director must dismiss a complaint.
88  (1) If an employer fails to pay wages or another amount to an employee, the employer must pay interest at the prescribed rate on the wages or other amount from the earlier of
(a) the date the employment terminates, and
(b) the date a complaint about the wages or other amount is delivered to the director to the date of payment.
(2) No interest accumulates under subsection (1) from the date a determination is made under section 79 or a settlement agreement is made under section 78 requiring payment of the wages or other amount until 38 days after that date.
(3) Interest payable under subsection (1) is deemed to be wages and this Act applies to the recovery of those wages.
(4) Subsection (1) applies whether or not the wages or other amount became payable before this section comes into force, but the date from which the interest is calculated must not be earlier than the date this section comes into force.
(5) An amount collected under this Part, or deposited under section 113, earns interest at the prescribed rate, payable by the minister charged with the administration of the Financial Administration Act, from the date the amount is deposited in a savings institution to the date of payment to the person entitled.
(6) Subsection (5) does not apply to any security provided or bond posted under section 100.
(7) If a talent agency that has received wages from an employer on behalf of an employee fails to pay those wages, less any fees allowed under the regulations, to the employee within the time required under the regulations,
(a) the talent agency must pay interest at the prescribed rate on the amount of the wages, less the fees, from the date a complaint about the wages is delivered to the director, and
(b) subsections (2) and (3) apply in respect of the interest.
(8) Subsection (7) applies whether or not the wages were received by the talent agency before that subsection comes into force, but the date from which the interest is calculated must not be earlier than the date subsection (7) comes into force.

No false representations
8  An employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following:
(a) the availability of a position;
(b) the type of work;
(c) the wages;
(d) the conditions of employment.
Employee not to be mistreated because of complaint or investigation
83  (1) An employer must not
(a) refuse to employ or refuse to continue to employ a person,
(b) threaten to dismiss or otherwise threaten a person,
(c) discriminate against or threaten to discriminate against a person with respect to employment or a condition of employment, or
(d) intimidate or coerce or impose a monetary or other penalty on a person,
because a complaint or investigation may be or has been made under this Act or because an appeal or other action may be or has been taken or information may be or has been supplied under this Act.
(2) [Repealed 2002-42-44.]
 楼主| 发表于 6/21/2017 00:38:54 | 显示全部楼层
Payroll records
28  (1) For each employee, an employer must keep records of the following information:
(a) the employee's name, date of birth, occupation, telephone number and residential address;
(b) the date employment began;
(c) the employee's wage rate, whether paid hourly, on a salary basis or on a flat rate, piece rate, commission or another incentive basis;
(d) the hours worked by the employee on each day, regardless of whether the employee is paid on an hourly or other basis;
(e) the benefits paid to the employee by the employer;
(f) the employee's gross and net wages for each pay period;
(g) each deduction made from the employee's wages and the reason for it;
(h) the dates of the statutory holidays taken by the employee and the amounts paid by the employer;
(i) the dates of the annual vacation taken by the employee, the amounts paid by the employer and the days and amounts owing;
(j) how much money the employee has taken from the employee's time bank, how much remains, the amounts paid and dates taken.
(2) Payroll records must
(a) be in English,
(b) be kept at the employer's principal place of business in British Columbia, and
(c) be retained by the employer for 2 years after the employment terminates.

 楼主| 发表于 6/21/2017 00:42:03 | 显示全部楼层
Monetary penalties
98  (1) In accordance with the regulations, a person in respect of whom the director makes a determination and imposes a requirement under section 79 is subject to a monetary penalty prescribed by the regulations.
(1.1) A penalty imposed under this section is in addition to and not instead of any requirement imposed under section 79.
(1.2) A determination made by the director under section 79 must include a statement of the applicable penalty.
(2) If a corporation contravenes a requirement of this Act or the regulations, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the contravention is also liable to the penalty.
(3) A person on whom a penalty is imposed under this section must pay the penalty whether or not the person
(a) has been convicted of an offence under this Act, or
(b) is also liable to pay a fine for an offence under section 125.
(4) A penalty imposed under this Part is a debt due to the government and may be collected by the director in the same manner as wages.

 楼主| 发表于 6/21/2017 01:13:09 | 显示全部楼层
Banking of overtime wages
42  (1)At the written request of an employee, an employer may establish a time bankfor the employee and credit the employee's overtime wages to the time bankinstead of paying them to the employee within the time required undersection 17.
(2)Overtime wages must be credited to a time bank at the rates required undersection 37 (4), (5) or (6) or 40.
(3) If atime bank is established, the employee may at any time request the employer todo one or more of the following:
(a) paythe employee all or part of the overtime wages credited to the time bank;
(b) allowthe employee to use the credited overtime wages to take time off with pay at atime agreed by the employer and the employee;
(c) closethe time bank.
(3.1) Theemployer may close an employee's time bank after one month's written notice tothe employee.
(3.2)Within 6 months of closing an employee's time bank under subsection (3.1), theemployer must do one of the following:
(a) paythe employee all of the overtime wages credited to the time bank at the time itwas closed;
(b) allowthe employee to use the credited overtime wages to take time off with pay;
(c) paythe employee for part of the overtime wages credited to the time bank at thetime it was closed and allow the employee to use the remainder of the creditedovertime wages to take time off with pay.
(4)[Repealed 2003-65-6.]
(5) Ontermination of employment or on receiving the employee's written request toclose the time bank, the employer must pay the employee any amount credited tothe time bank.
(6) [Repealed2003-65-6.]

 楼主| 发表于 6/24/2017 19:39:30 | 显示全部楼层
Maximum hours of work before overtime applies
35  (1) An employer must payan employee overtime wages in accordance with section 40 if the employerrequires, or directly or indirectly allows, the employee to work more than 8 hours a day or 40 hours a week.
(2) Subsection (1) doesnot apply for the purposes of an employee who is working under an averagingagreement under section 3

 楼主| 发表于 6/24/2017 22:19:52 | 显示全部楼层
Liability resulting from length of service
63  (1) After 3 consecutive months of employment, the employer becomes liable to pay an employee an amount equal to one week's wages as compensation for length of service.
(2) The employer's liability for compensation for length of service increases as follows:
(a) after 12 consecutive months of employment, to an amount equal to 2 weeks' wages;
(b) after 3 consecutive years of employment, to an amount equal to 3 weeks' wages plus one additional week's wages for each additional year of employment, to a maximum of 8 weeks' wages.
(3) The liability is deemed to be discharged if the employee
(a) is given written notice of termination as follows:
(i) one week's notice after 3 consecutive months of employment;
(ii) 2 weeks' notice after 12 consecutive months of employment;
(iii) 3 weeks' notice after 3 consecutive years of employment, plus one additional week for each additional year of employment, to a maximum of 8 weeks' notice;
(b) is given a combination of written notice under subsection (3) (a) and money equivalent to the amount the employer is liable to pay, or
(c) terminates the employment, retires from employment, or is dismissed for just cause.
(4) The amount the employer is liable to pay becomes payable on termination of the employment and is calculated by
(a) totalling all 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,
(b) dividing the total by 8, and
(c) multiplying the result by the number of weeks' wages the employer is liable to pay.
(5) For the purpose of determining the termination date under this section, the employment of an employee who is laid off for more than a temporary layoff is deemed to have been terminated at the beginning of the layoff.

 楼主| 发表于 6/25/2017 11:51:12 | 显示全部楼层
Complaint and time limit
74  (1) An employee, former employee or other person may complain to the director that a person has contravened
(a) a requirement of Parts 2 to 8 of this Act, or
(b) a requirement of the regulations specified under section 127 (2) (l).
(2) A complaint must be in writing and must be delivered to an office of the Employment Standards Branch.
(3) A complaint relating to an employee whose employment has terminated must be delivered under subsection (2) within 6 months after the last day of employment.
(3.1) Subsection (3) applies to an employee whose employment is terminated following a temporary layoff and, for that purpose, the last day of the temporary layoff is deemed to be the last day of employment referred to in subsection (3).
(4) A complaint that a person has contravened a requirement of section 8, 10 or 11 must be delivered under subsection (2) within 6 months after the date of the contravention.

 楼主| 发表于 6/25/2017 11:55:43 | 显示全部楼层
Notifying others ofdetermination
81  (1) On making a determination under this Act, the director mustserve any person named in the determination with a copy of the determinationthat includes the following:
(a) [Repealed 2002-42-43.]
(b) if an employer orother person is required by the determination to pay wages, compensation, interest,a penalty or another amount, the amount to be paid and how it was calculated;
(c) if a penalty isimposed, the nature of the contravention and the date by which the penalty mustbe paid;
(d) the time limit andprocess for appealing the determination to the tribunal.
(1.1) A person named in adetermination under subsection (1) may request from the director writtenreasons for the determination.
(1.2) A request undersubsection (1.1) must be in writing and delivered to the director within 7 daysof the person being served with the copy of the determination under subsection(1).
(1.3) On receipt of arequest under and in accordance with subsections (1.1) and (1.2), the directormust provide the person named in the determination with written reasons forthat determination.
(2) On being served with adetermination requiring the employer to limit the hours of work of employees,an employer must display a copy of the determination in each workplace inlocations where the determination can be read by any affected employees.

 楼主| 发表于 6/25/2017 12:01:18 | 显示全部楼层
本帖最后由 郭国汀 于 6/25/2017 12:10 编辑

Penalty amounts are set out in section 29 (1) of the Regulation.  what is and where is the Act or Regulation?
Repealed
29  [Repealed 2002-42-10.]


Employment Standards Act
EMPLOYMENT STANDARDS REGULATION
[includesamendments up to B.C. Reg. 56/2017, March 1, 2017]
Administrative penalties
29  (1) Subject to section 81 of the Act and any right of appeal under Part 13 of the Act, the following monetary penalties are prescribed for the purposes of section 98 (1) of the Act:
(a) a fine of $500 if the director determines that a person has contravened a requirement under the Act, unless paragraph (b) or (c) applies;
(b) a fine of $2 500 if
(i) after the date of a determination under paragraph (a), the director determines that the person contravened the requirement referred to in that paragraph subsequent to the determination under paragraph (a), and
(ii) that subsequent contravention occurs within 3 years after the date of the most recent contravention of the same requirement in relation to which there has been a determination under paragraph (a),
unless paragraph (c) applies;
(c) a fine of $10 000 if
(i) after the date of a determination under paragraph (b), the director determines that the person contravened the requirement referred to in that paragraph subsequent to the determination under paragraph (b), and
(ii) that subsequent contravention occurs within 3 years after the date of the most recent contravention of the same requirement in relation to which there has been a determination under paragraph (b).
(1.1) For the purposes of subsection (1), an act or omission of an employer constituting a contravention of a requirement under the Act is deemed to be a single contravention regardless of the number of employees affected by the contravention.
(2) The penalties imposed under subsection (1) apply to the person only in respect of the location where the contravention occurred.
(3) Despite subsection (2), if an employer dispatches an employee from one location to another worksite, a contravention that occurs at that other worksite is considered to be, for the purposes of subsection (1), a contravention at the location from which the employee was dispatched.
(4) If an administrative penalty is imposed on a person, a prosecution under the Act for the same contravention may not be brought against the person.
(5) A person who is subject to an administrative penalty under this section must pay the amount to the minister charged with the administration of the Financial Administration Act.
(6) Subsections (1) to (5) apply only in respect of contraventions that occur on or after November 30, 2002.
(7) In subsection (8), "former provisions" is a reference to sections 28 and 29 and Appendix 2 of this regulation, as those provisions read immediately before November 30, 2002.
(8) The former provisions apply, despite their repeal, for purposes of contraventions of the Act and this regulation that occurred before November 30, 2002.
[en. B.C. Reg. 307/2002, s. 10; am. B.C. Regs. 64/2006; 364/2007.]

 楼主| 发表于 6/25/2017 12:34:17 | 显示全部楼层
Offences
125  (1) A person who contravenes a requirement of Parts 2 to 8 commits an offence.
(2) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence commits an offence.
(3) Subsection (2) applies whether or not the corporation is prosecuted for the offence.
(4) Section 5 of the Offence Act does not apply to this Act or the regulations.

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