#1: 作者: 茄子头, 时间: 2011-9-03 20:32

我的同事每周只上2天班，上一个公众假期被按排上班一天，他这一天能拿一倍半工资吗？按照下文的理解是不是不能？

Statutory holidays are not the same thing as annual employee vacation. Because tourism businesses aren't in a position to close their doors during statutory holidays, you must be familiar with your obligation under the Employment Standards Act to provide your employees with proper statutory holiday benefits.
Part 5 of the act sets out the minimum requirements in relation to time off and time worked on statutory holidays. Employers must give eligible employees either a day off with pay on a statutory holiday or, if they are scheduled to work on the statutory holiday, a premium for working on the holiday and an additional day’s pay.

Statutory holidays include New Year's Day, Good Friday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and any other holiday prescribed by regulation (none exist at the present time). Other recognized public holidays such as Easter Sunday, Easter Monday and Boxing Day do not qualify as statutory holidays for the purposes of the act.

View Statutory Holidays in BC for a complete list of the specific dates for each of the statutory holidays in BC.

Eligibility requirements

Not all employees are entitled to statutory holidays. Section 44 says that statutory holidays only apply to employees who have been employed by you for at least 30 calendar days before the statutory holiday and have either:

worked or earned wages for 15 of the 30 calendar days preceding the holiday; or
worked under an averaging agreement at any time within the 30 calendar days preceding the holiday.
This requirement means that part-time employees who do not work under an averaging agreement and who work three days each week or fewer, will not likely be entitled to the statutory holiday benefit. This is because working three days each week in the 30-calendar-day period preceding a statutory holiday will likely only result in the employee working 12 to 13 days in that 30-day period. In contrast, employees working under an averaging agreement need only work one day or a portion of one day in the 30-calendar-day period in order to be covered by the statutory holiday provisions of the act. 

Prior to each statutory holiday it is important to determine each individual employee’s eligibility under Section 44. Simply assuming that all employees scheduled to work three days per week or fewer are ineligible could result in a failure to comply with the act if some of those employees have worked extra shifts during the 30-day period preceding the holiday.

Statutory holiday pay

Statutory holiday pay is payable to eligible employees regardless of whether the statutory holiday falls on the employee’s regularly scheduled day off. An eligible employee’s entitlement to statutory holiday pay is based on the employee’s average day’s pay over the previous 30-calendar-day period. For the specific formula used to calculate this figure, see section 45 of the act, Statutory Holiday Pay.

Working on a statutory holiday

Employees who do not meet the eligibility requirements and who work on a statutory holiday are only entitled to their regular pay for that day. However, employees who meet the eligibility requirements and who are scheduled to work on a statutory holiday are entitled to a combination of:

one-and-one-half times the employee’s regular wage for the time worked up to 12 hours;
double the employee’s regular wage for any time worked over 12 hours; and
an average day’s pay.
The act does not specifically say that an employee must work the entire day on the statutory holiday in order to be eligible to receive an average day’s pay in addition to pay for the time worked.

Substituting another day for a statutory holiday

Section 48 allows the substitution of another day for a statutory holiday. A substitution can be made for one or more employees provided that the employee or a majority of the employees affected agree to the substitution. The employer must retain for two years a record of the agreement to substitute another day for a statutory holiday.

If another day is substituted for a statutory holiday, the statutory holiday provisions apply to that day as if it were a statutory holiday defined in the act.

Exemptions from the statutory holiday provisions

Employees covered by a collective agreement that contains any provisions respecting statutory holidays are exempted from the statutory holiday provisions of the act. However, if a collective agreement does not contain any provisions respecting statutory holidays, the provisions of the act are deemed to be incorporated into the collective agreement.

The regulations also specifically exempt certain employees, such as managers, from the statutory holiday provisions of the act and provides special rules for others. For a complete list of these exemptions and special rules for exempted employees, view variance and exemptions.
For more information concerning statutory holidays and statutory holiday pay, view Statutory Holidays in BC. 

 

谢谢

#2: 作者: 汉家儿郎, 时间: 2011-9-03 20:37

This requirement means that part-time employees who do not work under an averaging agreement and who work three days each week or fewer, will not likely be entitled to the statutory holiday benefit. This is because working three days each week in the 30-calendar-day period preceding a statutory holiday will likely only result in the employee working 12 to 13 days in that 30-day period.

显然不行。

#3: 作者: 茄子头, 时间: 2011-9-03 20:40

谢谢