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According to the B.C. Ministry of Labour&Citizens' Services, a domestic worker is someone who is hired to live and work in a private home to provide cooking, cleaning, child care or other services.
If you are hiring (or have already hired) a domestic worker, you are an employer. You are responsible for providing a contract of employment for your employee.
You have the right to choose the domestic worker and set the terms and conditions of employment. You are also responsible for making sure those terms and conditions meet the minimums required under the British Columbia Employment Standards Act.
The Employment Standards Act sets minimum standards for wages and conditions of employment in British Columbia.
The main purpose of the Employment Standards Act is to make sure that British Columbia workers receive at least minimum standards of wages and terms of employment.
To accomplish this, the Act establishes certain basic rights for employees and obligations for employers. The Act promotes fair treatment of employees and employers and helps employees meet work and family obligations.
REGISTRATION
The employer must register the domestic worker with the Employment Standards Branch Domestic Registry.
EMPLOYMENT CONTRACT
The Act requires the employer and the domestic worker to sign an employment contract (sometimes called an employment agreement) before work begins.
HOURS OF WORK
The employer has the right to set the domestic worker′s work schedule. Domestic workers can be required to work a split shift; however, the split shift must end no later than 12 hours after it starts.
PAYING WAGES
Domestics are entitled to overtime pay, statutory holiday pay and vacation pay.
Overtime pay is the extra rate of pay for time worked over either eight hours in a day, or 40 hours in a week.
Find more about Paying Wages.
ROOM AND BOARD
The employer and domestic worker must agree on the amount charged for room and board, which cannot be over $325/month (subject to change by regulation). If room and board will be deducted from the employee s pay, the employee must first agree in writing.
HOLIDAYS AND VACATION PAY
Statutory holidays are working days off with pay. An employee who has been employed for 30 calendar days, and worked 15 of the days previous to the holiday, is entitled to statutory holiday pay.
Click here to see Statutory Holidays in British Columbia for 2008, 2009, 2010, 2011.
ANNUAL VACATION
After working for one full year, a domestic worker is entitled to at least two weeks vacation and vacation pay. After working five complete years, the entitlement increases to three weeks.
Click here to find more about Annual Vacation.
ENDING THE EMPLOYMENT RELATIONSHIP
The Act does not require a domestic worker to give their employer notice they are leaving employment.
Under the Act, an employee who is fired, either with just cause or after working for less than three months, is not entitled to compensation for length of service (also called termination or severance pay).
Find out more about Employer's Right To Fire and Termination Of Employment.