Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 2 - HIRING EMPLOYEES

ESA Section 14 – Written employment contract required for domestics


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section requires that a domestic must be provided with a copy of their employment contract and outlines what terms it must contain. It also specifies that any additional hours worked must be added in that pay period. 


Text of Legislation

14. (1) On employing a domestic, the employer must provide the domestic with a copy of the employment contract.

(2) The copy of the employment contract provided to the domestic must clearly state the conditions of employment, including

(a) the duties the domestic is to perform,
(b) the hours of work,
(c) the wages, and
(d) the charges for room and board.

(3) If any employer requires a domestic to work during any pay period any hours other than those stated in the employment contract, the employer must add those hours to the hours worked during that pay period under the employment contract.


Policy Interpretation

A “domestic” as defined in s.1 of the Employment Standards Act, is a person employed to provide cooking, cleaning or child care for the employer in the employer’s private residence. Domestics live in the private residence of their employers.

Subsection (1)

An employer of a domestic is required to have a written contract with the employee, setting out the terms and conditions of the work.

Subsection (2)

This contract must clearly state the terms of employment as stated in this subsection.

Subsection (3)

Any work performed over and above the hours of work set out in the written contract must be paid for in accordance with the legislation.

Example

Cheryl is employed as a domestic and normally works 8 hours per day, 5 days a week, looking after the employer's children. The employer requires Cheryl to care for the children in the evening due to a social obligation, which involves an additional 5 hours of work. This results in the employee working for a total of 13 hours. Cheryl is entitled to, in addition to regular wages for the first 8 hours, time and a half for the next 4 hours, and double time for the last hour in accordance with s.40 of the Act.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheet

Domestics

More information about employment of domestic workers: Information for Domestic Workers and their Employers