PLEASE NOTE: THIS INFORMATION IS OUTDATED (it is retained here for comparison purposes only)

See

http://www.labour.gov.bc.ca/esb/esaguide/

for current information

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A Guide to the Employment Standards Act


3. HIRING EMPLOYEES

Human Rights

The Employment Standards Act does not require employers to follow specific procedures when hiring employees. However, the Human Rights Act prohibits discrimination in employment advertisements and hiring on the basis of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex (including pregnancy), sexual orientation, age or criminal conviction unrelated to the employment. For further information contact the B.C. Council of Human Rights toll free at 1-800-663-0876.

False Representations

An employer may not try to hire a person by misrepresenting that a job is available, the type of work to be done, or the terms of employment.

No Charge for Hiring

An employer may not ask for or receive payment from a person in return for hiring that person. An employer may not accept payment from a third party to hire a person.

Employment Agencies

An employment agency may not charge a person for obtaining work for that person or for providing information about employers seeking employees.

Employment agencies must be licensed under the Employment Standards Act. Persons wishing to apply for a licence should contact their local Branch office.

Farm Labour Contractors

A farm labour contractor may not charge a person for hiring or obtaining work for that person, or for providing information about employers seeking employees.

Farm labour contractors must be licensed under the Act. Persons wishing to apply for a licence should contact their local Branch office. The Regulation also sets out requirements for farm labour contractors.

For more information, see the related fact sheet on Farm Workers.

Child Employment

Anyone who wishes to hire a person under 15 years of age must apply for prior approval from the Branch and receive permission from the child's parent or guardian. If the child is a student, the Branch generally requires the permission of the child's school. On approval, the Branch will issue a permit setting out the conditions of the child's employment. Application forms are available at Branch offices.

Domestic Workers

A domestic is an employee who resides and works at an employer's residence, providing cooking, cleaning, child care and other services. Domestics are fully covered by the Act, including hours of work and overtime provisions. Anyone hiring a domestic worker must provide the domestic with a written contract setting out the terms of employment. These terms must include the job duties, hours of work, wages, and charges for room and board. Charges for room and board cannot exceed $325 per month.

A domestic's employer must register both the employer's and the domestic's name, address, telephone number and fax number with the Branch within 30 days of the domestic starting work, and inform the Branch of any changes to this information every 6 months.

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