Hiring employees, either directly or through employment agencies, must comply with all applicable laws. In British Columbia, the BC Employment Standards Act protects the rights of employees by mandating that employees meet certain minimum standards with respect to terms of employment.
Business owners in British Columbia must ensure they follow the required legal steps when hiring new employees. After crafting a job description and placing an advertisement that complies with human rights and employment law, the employer can conduct interviews with applicants and make an employment offer to the successful person. Along with informing the chosen candidate of the starting date and time to report for duty, it might be a good idea to discuss other matters that might reduce some of his or her anxiety.
Employees in British Columbia often have questions about their entitlements if their employment is terminated without cause. The BC Employment Standards Act (the "Act"), which governs the minimum standards for employment, generally requires employers to provide employees who have been terminated without cause with notice of termination or compensation in lieu of notice. The Act requires compensation in lieu of notice of termination as follows:
When it comes to recruiting sales representatives, it is only natural for a business owner to want the best of the best. In many cases, successful sales reps are noticed because they do such an excellent job for other companies. However, inducing an employee from another business could become costly if not all the intricacies of employment law are considered. A business owner could face unanticipated problems if, for instance, the sales manager entices an employee to join the company by promising incentives and commissions of which the owner is unaware.
A 40-year-old marble mason in Vancouver suffered a work-related shoulder injury in 2015 for which WorkSafeBC granted him an award of permanent partial disability. Because his employer had no modified duties for him, he applied for assistance from the WorkSafeBC's vocational rehabilitation services department, which assists in finding alternative employment to accommodate the disabilities of such workers. However, this worker later lodged a complaint with the BC Human Rights Tribunal, claiming the agency violated human rights law by denying his request to attend a post-secondary program based on his age.
An adviser of workplace conduct says the results of a federal survey indicate that a significant percentage of violence or harassment complaints in the workplace are not addressed and resolved.
Employees in British Columbia may be unsure about their rights when it comes to deductions from their salary or wage payments. The BC Employment Standards Act, RSBC 1996, c 113, authorizes some deductions and takes action against employers who make unauthorized deductions.
Pay equity, or the equal pay for work of equal value regardless of gender, is a human right. As such, employers have an obligation to ensure that they do not practice gender-based discrimination in their pay schemes.
Under human rights legislation, including the British Columbia Human Rights Code and the Canadian Human Rights Act, employers must adjust workplace practices, policies and rules to allow full participation by all employees up to the point of undue hardship. This means that they have a duty to accommodate employees with a variety of personal circumstances.
Although medicinal use of marijuana in British Columbia has been legal for some time, legalization of recreational use of this drug is on the horizon. Employment law will likely undergo some adjustments when the non-medicinal use of cannabis becomes legal. Employers who want to avoid unwanted accusations of violations will have to become familiar with the new laws.