Employment and labor laws vary from country to country. This guide is intended to provide the most up to date information available. We will update this guide as needed when changes are made to the laws.
Employment Contracts
Employers are legally required to provide formal written contracts for all employees that include salary/wage, termination terms, job title, etc. The contracts must be written in English and use the Canadian Dollar currency (CAD).
Working Hours
A full-time workweek is 40 hours, 8 hours per day, 5 days a week.
Overtime
An employer must pay overtime pay for any hours above 44 weekly hours at a rate that is at least 150.00% of the employee’s regular rate of pay or one hour of time off in lieu.
In exceptional circumstances, when an employee is called into work (during rest/ non-working time), overtime should be paid for at least 3 hours of pay at the minimum wage, even if they work less than 3 hours. (Labor Code, § 16 and Labor Regulation § 13.3; Bill 17 and Employment Standard Regulation). From the 12th hour of overtime work the payment is increased to 200.00% of the regular rate of pay. Overtime exempt status is in place for certain job types e.g., many managerial and supervisory positions.
Public Holidays
There are 10 public holidays in British Columbia. When public holidays fall on a weekend, it is customary to give off in lieu either the previous working day or next working day.
For the year 2024:
- Jan 1: New Year’s Day
- Feb 19: Family Day
- Mar 29: Good Friday
- May 20: Victoria Day
- Jul 1: Canada Day
- Aug 5: BC Day
- Sep 2: Labour Day
- Oct 14: Thanksgiving
- Nov 11: Remembrance Day
- Dec 25: Christmas Day
Annual Leave (vacation)
In British Columbia, employees are entitled to two consecutive weeks of vacation leave after the first year of employment and three consecutive weeks of leave after five years of employment, however, it is common to offer leave from day 1.
Employees are entitled to vacation pay of 4% of the regular salary rate of pay for the first five years of employment and 6% of the regular salary rate of pay after five years of employment. Employees are entitled to receive the payment within seven days before the commencement of a vacation.
Sick Leave
The Canada Labour Code was updated with effect from December 1, 2022, to provide 10 days of paid sick leave to employees in the federally regulated private sector, (which is limited to specific industries) There is a thirty day qualifying period for covered employees; therefore, on December 31, employees who have been continuously employed for at least 30 days will have access to their first three days of paid sick leave. As of February 1, 2023, employees will acquire a fourth day, and will continue to accumulate one day a month up to a maximum of 10 days per year.
Effective December 18, 2022, Canada’s Employment Insurance sickness benefits were extended from 15 weeks to 26 weeks. As such, qualified individuals who establish a new claim on or after December 18, 2022 will receive up to 26 weeks of Employment Insurance sickness benefits, paid at 55% of their average weekly insurance earnings, for up to a maximum of $650 per week in 2023.
Maternity and Paternity
Maternity Leave
Employees are entitled to up to 17 weeks of leave if the employee has completed at least one year of employment before the due date. Maternity leave may not begin before the 17th week preceding the expected delivery date and shall end not later than 18 weeks after. If the delivery occurs after the expected date, the employee is entitled to at least two additional weeks of maternity leave. Special maternity leave may begin four weeks before the expected delivery date when there is a risk of termination of her pregnancy or a danger for the health of the mother or unborn child caused by the pregnancy. Two weeks’ notice and a medical certificate is required.
Employment insurance provides maternity and parental benefits to:
- People who are away from work because they’re pregnant or have recently given birth
- Parents who are away from work to care for their newborn or newly adopted child
- Workers are entitled to 55% of their earnings for 15 weeks up to a maximum of CAD650 a week
Maternity benefits are only available to the person who is away from work because they’re pregnant or have recently given birth. They can’t be shared between parents.
The person receiving maternity benefits may also be entitled to parental benefits.
Maternity benefits can be followed by parental benefits. You may apply for both at once.
Paternity Leave
Paternal leave falls under parental leave.
Parental Leave
Parents are entitled to up to 63 weeks of leave to care for a newborn or adopted child. The parental leave cannot begin before the week of birth or when the child is legally adopted.
The leave should begin no later than 78 weeks after the birth or adoption.
Employment insurance provides maternity and parental benefits to:
- People who are away from work because they’re pregnant or have recently given birth
- Parents who are away from work to care for their newborn or newly adopted child
The assistance details are as follows:
Parental Benefits
| Benefit Name | Maximum Weeks | Benefit Rate | Weekly Max |
|---|---|---|---|
| Standard parental | Up to 40 weeks can be shared between parents, but one parent cannot receive more than 35 weeks of standard benefits | 55% | up to $650 |
| Extended parental | Up to 69 weeks can be shared between parents, but one parent cannot receive more than 61 weeks of extended benefits | 33% | up to $390 |
Other Leave
In British Columbia, employees are entitled to 3 days of mandatory leave for the bereavement of a family member and approximately 27 weeks of leave for compassionate care leave.
Employees are also entitled to up to 37 weeks of leave in the case of a critical illness, up to 104 weeks in the event of the death of an employee’s child, or in the case that the child has disappeared.
In British Columbia, all employers must provide their full-time, regularly employed employees, job-protected, unpaid leave for their duty as jurors or as a witness in a case, responding to a subpoena: or acting as a plaintiff or defendant in the courts. Employees must provide a copy of the jury summons to the employer as evidence of the requirement.
Reservist Leave regulations require employers to provide up to 20 days of unpaid leave each calendar year for annual training for Reservists once they have completed at least 26 consecutive weeks of service with the same employer. An employee may take reservist leave for the following reasons:
- deployment to a Canadian forces’ operation outside Canada
- deployment to a Canadian forces operation inside Canada that is assisting with an emergency or the aftermath of an emergency
- annual training, included related travel time, for up to 20 days in a calendar year
- other operations set out as such in the Employment Standards Regulation by the Minister
Employee Severance and Terminations
Termination Process
There are two ways an employer can terminate an employment contract:
- Providing written notice to the employee
- Termination due to just cause
It is important to note that the final payment to the employee must be made:
- Within 48 hours after the last day when the employer ends the employment agreement
- Within 6 days after the last day when the employee ends the employment agreement
Notice Period
In general, notice periods in British Columbia, Canada, are not required, but it is common to give one month’s notice.
Severance Pay
In British Columbia, severance pay is mandated and determined by common law with the amount of severance pay determined by the length of service.
- At least 3 months of employment: 1 week
- 3 months to 1 year: two weeks’ pay
- 1 year+: 3 weeks’ pay for one year of service followed by an additional week payment per year of service, up to a maximum of eight years.
Probation Period
The probation period in British Columbia for permanent employees is generally a minimum of 3 months.
Payroll Cycle
An employer has 1 month to remit an employee’s first pay. After this, wages must be paid at regular intervals of no more than 16 days, or 1 month in case of managerial personnel. If pay day falls on a statutory holiday, the wages must be paid on the preceding working day.
The standard minimum wage in British Columbia is 15.65 CAD per hour, 13.00 CAD for students and employees under 18. The minimum wage rate set for employees of federally regulated organizations will be the current minimum wage rate specified in the jurisdiction in which the employee performs the work.
This minimum wage now also applies to liquor servers (an employee who works mainly as a server of food or drink or both or who regularly serves liquor directly to customers, guests, members, or patrons, etc.), who had previously been subject to a lower minimum wage.
Contributions
Employer Payroll Contributions
VISA
The Government of Canada operates the Temporary Foreign Worker Program to enable foreign citizens to apply to work in Canada for a set period. The program covers all job roles and knowledge levels, and it can be used when a qualified Canadian citizen or permanent resident is not available or suitable for the role.
There are federal (Government of Canada) immigration programs and provincial programs (Government of British Columbia) in place in British Columbia.
VAT
Canadian Federal GST is charged at 5%. British Columbia PST is 7%, resulting in a combined GST and PST rate of 12.00%.