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Variances

Last updated on June 17, 2024

Variances allow work situations that follow the purposes of B.C. employment standards but don't strictly meet the standards.

Not all changes to work schedules need a variance. Some changes may be made by an averaging agreement: a written agreement between an employer and an affected employee.

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Apply for a variance

You can apply to vary the standards for:

  • The maximum length of a temporary layoff
  • Paydays
  • Special clothing
  • Split shifts
  • Daily hours of work
  • Hours free from work
  • Overtime wages for employees not on a flexible work schedule
  • The number of weeks covered by an averaging agreement
  • Notice and termination pay requirements for group terminations

A variance application is made jointly with the employer and employees. The variance must promote fair treatment of employees and employers and benefit the majority of affected employees.

If exceptional circumstances apply, you may be able to extend a temporary layoff. Find out how to apply to extend a temporary layoff.

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Document employee support

Before applying for a variance, employers must make sure that the majority of employees who will be affected are aware of the application and approve of it. You must show proof that affected employees were informed about the application and support it.

The application requires the signatures of the employer and a majority of the employees who will be affected by the variance.

 

Submit an application form

The employer and employees can jointly apply for a variance using the online form.

Submit an application online

 

Employee support is audited

A variance application is usually reviewed within two weeks of receiving it. As part of our review, we'll contact some of the employees who support the application to make sure they understand and agree to it.

If the variance is approved, a notice will be mailed to the applicants.

 

Implement the change and notify staff

A copy of the variance notice must be displayed in the workplace where all affected employees can read it.

The terms or schedule in the variance must be followed, except in circumstances beyond the control of the employer or employees.

If the variance applies to a specific employee, the employee must be identified on the variance. The variance will end if that employee stops working.

 

Renew the variance

Initial variance applications may be approved for up to two years. Renewed variances can be approved for up to five years. To renew a variance, submit a new application.

Renewal applications must be submitted at least 30 days before the previous variance expires to allow time for processing. If a new variance isn't issued by the time the current one expires, the employer must follow all of the requirements of the Employment Standards Act.

Renew a variance

To renew a variance, submit a new application. The Employment Standards Branch must receive the application at least 30 days before the previous variance expires to allow time for processing. If a new variance isn't issued by the time the old one expires, the employer must follow all of the requirements of the Employment Standards Act.

Renew a variance online

Change a variance

To make minor changes to a variance – for example, to make a small change to a work schedule, the employer and employees should contact the Employment Standards Branch by email at EmploymentStandards@esb.gov.bc.ca.

An employer can cancel a variance if employees won't be negatively affected. They must:

  • Notify the Employment Standards Branch and the employees affected by the cancellation
  • Pay overtime to all employees who are not given the opportunity to finish their shift cycle according to the terms of the variance

If an employer doesn't follow the rules of a variance, the Director of Employment Standards may cancel it.

Rules about overtime and statutory holiday pay

Getting paid for overtime

If an employee who is covered by a variance works hours that are not part of the scheduled hours in a regular shift cycle, the extra hours must be paid at overtime rates:

  • Time-and-a-half for hours worked over the terms of the variance up to 12 hours a day
  • Double-time for any hours worked over 12 hours in a day
  • Time-and-a-half for any hours worked over an average of 40 in a week, over the course of the shift cycle

Employees covered by an overtime variance must work or earn wages for the full shift cycle. If there is not enough work for the employee to work a full shift cycle, overtime must be paid. This does not apply if an employee quits or is fired.

Regular overtime payment may apply if the employer is not following the requirements of a variance.

Statutory holiday pay

An employee covered by a variance is entitled to statutory holiday pay once he or she has been employed for 30 days. They do not need to have worked 15 of the 30 days prior to the statutory holiday.

What you can do

If you're having issues at work, find out what you can do:

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References from the Employment Standards Act and Regulation