In our June 28 blog post, we wrote about calculating holidays and holiday pay for employees working in British Columbia who are entitled to holiday pay. With Labour Day approaching, we thought we would revisit the topic.
Did you know that there are many employees who do not have any entitlement to statutory holidays under the British Columbia Employment Standards Act? Employees who are not entitled to any holidays under the Act include:
- Any employee who has not been employed for at least 30 calendar days
- Any employee who has not worked or earned wages on at least 15 of the 30 calendar days prior to the statutory holiday (unless they have worked under an averaging agreement during that time)
- Commissioned car and truck salespeople and silviculture workers, provided they receive 4% of their gross earnings for the pay period on each pay cheque
- Commissioned recreational vehicle or camper salespeople
- Farm workers
- High technology professionals (note there is a very specific definition as to what constitutes a high technology professional)
- Architects, CPAs, lawyers and articled students, dentists, professional engineers, insurance agents and adjusters, land surveyors and articled pupils, doctors, chiropractors, naturopaths, optometrists, podiatrists, real estate agents, brokers, veterinarians, and professional foresters, provided, in all cases, that they are employed in their professional capacity
- Students working at a secondary school where they are enrolled
- Any employee covered by a collective agreement, if the collective agreement has some provision regarding statutory holidays
Any entitlement that these employees may have to statutory holidays must come from either a collective agreement or from the specific provisions in their own contract of employment.
Rob Sider, QC, is the head of the Labour, Employment and Human Rights Group at Lawson Lundell. His practice focuses on management-side labour and employment law. He advises on labour and employment aspects of commercial ...
Jim is an associate in the firm’s Labour, Employment and Human Rights group. Jim advises and represents clients on a variety of labour and employment issues, including grievance arbitrations and mediations, human rights ...
Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.