The Employment Standards Act Essay
According to the Government of BC website, the Employment Standards Act is provincial legislation put in place to protect the rights and freedoms of BC workers and employers (2011). Furthermore, the Act itself exists to ensure that there are basic standards for employment throughout our province, as well as allowing both employees and employers to be protected by these standards in the case of a dispute (bclaws.ca, 1980). The act includes regulations which outline employee’s rights with regards to such things as minimum wage; overtime and vacation pay. It is imperative for human resources professionals to understand this Act - as it not only protects organizations legally, but it …show more content…
Which employers are affected and to which does this Act not apply?
All employers in British Columbia are affected by this act, as it is provincial legislation. Employers in other Canadian provinces and territories are not affected by the Employment Standards Act because it is not federal legislation. Dessler and Cole state that “Labour/employment standards legislation sets out a minimum amount of paid vacation that must be provided to employees […] but the requirements vary by jurisdiction” (pg 339, 2008). Each province has its own standards which employers follow with regards to vacation time for their employees. In British Columbia, employers will follow the vacation regulations of the Employment Standards Act. In Alberta, for example, employers will follow vacation regulations set out in the Employment Standards Code and Regulation (employment.alberta.ca, 2001).
Which workers are affected? Which types of positions/workers are not covered by the legislation?
Part 7, section 31 of the Employment Standards Act outlines some occupations/professions which are not covered under the act. For example, Architects, Accountants and Lawyers are all excluded from this act (bclaws.ca, 1980). The reason why these professions are excluded is