The beginning of a new employment relationship can certainly be an exciting time, but it is crucial that employers keep in mind several obligations they have when hiring. Most of these responsibilities are set out in Part 2 of the BC Employment Standards Act, RSBC 1996, c 113 (the “ESA”).
No False Representations
Even before hiring, employers have a responsibility to properly represent potential employees about employment opportunities. Pursuant to section 8 of the ESA, employers cannot intentionally or unintentionally misrepresent regarding the following aspects of prospective employment: the availability of a position, the type of work, the wages, or the working conditions.
No Charge for Hiring
Pursuant to section 10 of the ESA, employees cannot be charged by employers for giving them a job, by employment agencies for helping them find them a job, or by anyone for providing information about possible employment opportunities.
Communicating Employee Rights
As well, employers should inform employees of their rights under the ESA, which can be done by providing the following information sheet.
Setting out Employment Terms in Writing
It is also highly recommended that employers set out the specific terms and conditions of employment in writing by providing an employment agreement. It is important that employees have a reasonable opportunity to review the employment agreement and seek independent legal advice before signing. As well, employees should not begin working before returning a signed copy of the employment agreement or the agreement may be considered invalid. Job descriptions are not required but can be useful for managing employee expectations.
Providing Minimum Entitlements
Furthermore, employers must provide employees with all the minimum standards they are entitled to under the ESA. This includes, but is not limited to: minimum wage under section 16 of the ESA which is currently $17.40, minimum daily hours of work under section 34 of the ESA, vacation time and pay under Part 7 of the ESA, and statutory holidays under Part 5 of the ESA.
Different Types of Workers
Employers should also follow specific considerations when using an employment agency or when hiring younger people, domestic workers, farm labour workers, temporary foreign workers, or silviculture workers. Please see the following for further information: Hiring employees – Province of British Columbia.
Know Your Rights and Responsibilities
Whether you are an employer wanting to make sure that you are meeting your hiring obligations or an employee wondering if your rights are being met, is important to have effective legal support.
If you need assistance or want to discuss this issue, reach out to our team – we’re here to help!
