10Clauses reviewed
10Changes suggested
10Accepted by owner
0No change needed
1. Probationary period — No-notice window overstated by three months
The statutory no-notice period ends at three months' service. Months four to six attract notice under the Act, so as drafted the clause purported to waive an entitlement for half its stated term.
Before
The first six (6) months of employment are probationary. During the probationary period the Employer may end the employment at any time, without notice or payment in lieu of notice.
After
The first three (3) months of employment are probationary. During the probationary period the Employer may end the employment at any time, without notice or payment in lieu of notice.
What the lawyer sees
The first six (6) monthsthree (3) months of employment are probationary. During the probationary period the Employer may end the employment at any time, without notice or payment in lieu of notice.
2. Overtime — Ontario threshold in a BC agreement
Forty-four hours is the Ontario weekly trigger. British Columbia pays after eight in a day and forty in a week, so daily overtime was never reached under the old wording. The approval requirement is lawful and was kept.
Before
Overtime is paid at time and one-half after forty-four (44) hours worked in a week. No overtime may be worked without the prior approval of a supervisor.
After
Overtime is paid in accordance with sections 35 and 40 of the Employment Standards Act, after eight (8) hours in a day or forty (40) hours in a week. No overtime may be worked without the prior approval of a supervisor.
What the lawyer sees
Overtime is paid at time and one-half after forty-four (44) hours worked in a weekin accordance with sections 35 and 40 of the Employment Standards Act, after eight (8) hours in a day or forty (40) hours in a week. No overtime may be worked without the prior approval of a supervisor.
3. Travel time — Blanket exclusion understated payable hours
Movement between sites once the day has started is generally hours of work. The commute limb was correct and was kept — only the site-to-site limb was replaced.
Before
Travel between the shop and the job site, and between job sites, is not considered hours worked and is not payable. The Employee is expected to arrive at the assigned site ready to begin work at the scheduled start time.
After
Travel between job sites during the working day is hours of work and is paid. Travel from home to the first site of the day is not. The Employee is expected to arrive at the assigned site ready to begin work at the scheduled start time.
What the lawyer sees
Travel between the shop and the job site, and between job sites, is not considered hours worked and is not payable.Travel between job sites during the working day is hours of work and is paid. Travel from home to the first site of the day is not. The Employee is expected to arrive at the assigned site ready to begin work at the scheduled start time.
4. Vacation — Forfeiture, and no step at five years
Vacation pay cannot be forfeited on a use-it-or-lose-it basis. Separately, two weeks stated flat was correct at hire and silently wrong from the fifth anniversary, when the entitlement rises.
Before
The Employee is entitled to two (2) weeks of annual vacation. Vacation not taken by December 31 in any year is forfeited and is not carried forward or paid out.
After
The Employee is entitled to two (2) weeks of annual vacation, increasing to three (3) weeks after five (5) consecutive years of employment, with vacation pay of 4% and 6% respectively, in accordance with Part 7 of the Employment Standards Act. Vacation pay is not forfeited in any circumstance.
What the lawyer sees
The Employee is entitled to two (2) weeks of annual vacation. Vacation not taken by December 31 in any year is forfeited and is not carried forward or paid out., increasing to three (3) weeks after five (5) consecutive years of employment, with vacation pay of 4% and 6% respectively, in accordance with Part 7 of the Employment Standards Act. Vacation pay is not forfeited in any circumstance.
5. Statutory holidays — One holiday short
British Columbia has recognised eleven statutory holidays since the National Day for Truth and Reconciliation was added in 2023. A list of ten is a reliable marker that a template predates that year and has not been reviewed since.
Before
The Employer observes the following ten (10) statutory holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day.
After
The Employer observes the following eleven (11) statutory holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day and Christmas Day.
What the lawyer sees
The Employer observes the following ten (10)eleven (11) statutory holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day and Christmas Day.
6. Temporary layoff — Definition incomplete without the window
Thirteen weeks only has meaning inside the twenty-week measuring period. The layoff right itself was properly reserved and is appropriate for seasonal work.
Before
The Employee may be temporarily laid off for a period of up to thirteen (13) weeks. A temporary layoff is not a termination of employment.
After
The Employee may be temporarily laid off for a period of up to thirteen (13) weeks in any twenty (20) consecutive week period. A temporary layoff is not a termination of employment.
What the lawyer sees
The Employee may be temporarily laid off for a period of up to thirteen (13) weeks in any twenty (20) consecutive week period. A temporary layoff is not a termination of employment.
7. Termination without cause — Formula fell below the floor at twelve months
One week per completed year pays one week at the first anniversary, where the Act requires two. The eight-week cap also took no account of group termination pay. Once the clause fails the cap fails with it, and the entitlement becomes reasonable notice at common law — the single most expensive line in the document.
Before
The Employer may terminate the employment of the Employee without cause by providing one (1) week of notice, or pay in lieu of notice, for each completed year of service, to a maximum of eight (8) weeks. The Employee agrees that this payment is the entire entitlement of the Employee on termination and that no further amount of any kind is owed.
After
The Employer may terminate the employment of the Employee without cause by providing the notice, or pay in lieu of notice, required by sections 63 and 64 of the Employment Standards Act, together with continuation of benefits through the notice period and payment of all accrued wages and vacation pay.
What the lawyer sees
The Employer may terminate the employment of the Employee without cause by providing one (1) week of notice, or pay in lieu of notice, for each completed year of service, to a maximum of eight (8) weeks. The Employee agrees that this payment is the entire entitlement of the Employee on termination and that no further amount of any kind is owed.the notice, or pay in lieu of notice, required by sections 63 and 64 of the Employment Standards Act, together with continuation of benefits through the notice period and payment of all accrued wages and vacation pay.
8. Return of property and deductions — Wage deduction for property
The return obligation was sound and was kept. The clause failed on the collection mechanism: an employer must not deduct from wages for business costs or damage, and an advance written authorisation does not cure it.
Before
On termination the Employee must return all company property, including tools, keys, fobs, uniforms and personal protective equipment. The Employer may deduct from the Employee's final pay the replacement cost of any company property that is not returned, and the cost of repairing any company property damaged by the Employee.
After
On termination the Employee must return all company property, including tools, keys, fobs, uniforms and personal protective equipment. The Employer will make no deduction from wages in respect of unreturned or damaged property, and may recover the value of unreturned property as a debt.
What the lawyer sees
On termination the Employee must return all company property, including tools, keys, fobs, uniforms and personal protective equipment. The Employer may deduct from the Employee's final pay the replacement cost of any company property that is not returned, and the cost of repairing any company property damaged by the Employee. The Employer will make no deduction from wages in respect of unreturned or damaged property, and may recover the value of unreturned property as a debt.
9. Savings provision — Absent entirely
A savings provision is not severability. Severability strikes the defective clause and leaves nothing in its place, which is exactly how a capped entitlement becomes uncapped. Where it is missing it is usually the single most valuable insertion available in the document.
After
It is the intention of the parties that this Agreement comply in all respects with the Employment Standards Act. If any provision of this Agreement provides the Employee with less than the minimum entitlement under that Act, that provision is to be read as providing the minimum entitlement required by the Act, and the Employee will receive that minimum entitlement.
What the lawyer sees
It is the intention of the parties that this Agreement comply in all respects with the Employment Standards Act. If any provision of this Agreement provides the Employee with less than the minimum entitlement under that Act, that provision is to be read as providing the minimum entitlement required by the Act, and the Employee will receive that minimum entitlement.
10. Amendment and variation — Nothing prevented variation by message
With no written-amendment requirement, a supervisor's text or messaging-app instruction can vary terms, and apparent authority does not follow the organisation chart. Second only to the savings provision in value.
After
This Agreement may be amended only by a written document signed by both parties. No instruction, message or course of conduct — including email, text message or messages sent through any workplace messaging system — varies this Agreement.
What the lawyer sees
This Agreement may be amended only by a written document signed by both parties. No instruction, message or course of conduct — including email, text message or messages sent through any workplace messaging system — varies this Agreement.